BY USING THIS WEB SITE OR ANY WEB SITE OF Medmark LLC PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR Medmark LLC’S PRODUCTS AND SERVICES.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE Medmark LLC PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other products or services of Medmark LLC after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites. The Terms and Conditions displayed on the Sites at the time the order is accepted will apply to the order.
These Terms and Conditions govern and apply to your (“you” or “your“) access to and use of the Site and any related domains (phenocalstore.com) and ANY product website that is directly connected to (phenocalstore.com) that involves a Medmark LLC product or services on which these Terms and Conditions appear, any order you place through any of the Sites, and to all products and services we supply, produce, distribute, or market.
The products and the claims made about specific products on or through this site have not been evaluated by United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. Some of the products are not recommended for individuals under the age of 18. The information provided on this site is for informational purposes only and is not intended as a substitute for the advice from your physician or health care professional before starting any diet, exercise or supplementation program, before taking any medication, or if you suspect you might have a health problem. Information about the product is taken from the labels of the products or from the manufacturer’s advertising material. We are not responsible for any statements or claims that various manufacturer’s make about their products. We cannot be held responsible for typographical errors or product formulation changes. Prices and information on these pages are subject to change without notice.
By sending an email to our website to ask a question, I understand that the person who replies to my email is not a licensed healthcare professional and will not have examined me or discussed my health condition with me. All comments, suggestion, questions, ideas, graphics or other information you submit to us through our website or via email (“Submissions”) become our property. We will have no obligation of any kind to treat your Submission as confidential and will be free to use your Submission, in whole or in part for any purpose whatsoever throughout the world without compensation to you or any other person, or any acknowledgement as to source. You acknowledge that only you are responsible for your submission and you, not an Medmark LLC product, have full responsibility for the submission, including originality, appropriateness, reliability, copyright and legality.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized resellers or distributors.
You agree to indemnify, hold harmless an Medmark LLC product and its employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement or any related negligent or wrongful conduct.
All Web site design, text, graphics, the selection and arrangement there of Copyright © 2017, an Medmark LLC product. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with an Medmark LLC product or using this Web site as a shopping resource. Any other use of materials on this Web site–including reproduction for purposes other than those noted above, modification, distribution, or republication–without the prior written permission of an Medmark LLC product is strictly prohibited. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of an Medmark LLC product.
All trademarks, product names and company names or logos cited herein are the property of their respective owners.
For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Sites or otherwise, please use the Customer Service link in the email receipt you receive.
If our company intentionally or inadvertently provides a link to another company’s website we shall not be responsible to you, the consumer, for any damages or equitable relief you might seek or be entitled to from that third party. You are advised that should a link appear on our website, we are neither endorsing that linked website, its products or services. We encourage our customers that if they feel they are a victim or have been injured by a linked website, to contact us immediately and the United States Federal Trade Commission.
[The wording below that is in all capital letters should be in all capital letters based upon the opinions of the New York Attorney General and United States Federal Trade Commission rules]. The user of this site agrees that the use of this site is undertaken at their own risk. No warranties are made by the company, its subsidiaries, its agents, or any of its employees or officers that the site will operate error-free or without interruption. No warranties are made as to the accuracy of the information on the site.
THIS SITE, ITS CONTENT AND ANY MERCHANDISE CONTAINED THEREIN ARE PRESENTED “AS IS,” NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ARE MADE BY THE COMPLAINANT, ITS AGENTS, AFFILIATES, EMPLOYEES OR OFFICERS, TO THE FULL EXTENT PERMISSIBLE BY FEDERAL, STATE AND LOCAL LAW, THE COMPANY DISCLAIMS ALL WARRANTIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ANY INJURY OR LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM THE USE OF THIS SITE.
Waiver of Class Action Rights
BY ENTERING INTO THIS TERMS OF SERVICES, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TERMS OF SERVICES MUST BE ASSERTED INDIVIDUALLY.
Modification of Terms
Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the Medmark LLC and any individual product or company owned website. You are responsible for regularly reviewing this Agreement. Continued use of the services and or products we offer for sale after the changes shall constitute your consent to such changes.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or enforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment or agency relationship exists between you and Medmark LLC as a result of this agreement or use of this website. The failure of Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement, together with any applicable forms and policies, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Medmark LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITES; (II) THE USE OR INABILITY TO USE THE SITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITES; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITES OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF Medmark LLC OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Medmark LLC’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 60 DAYS TO Medmark LLC FOR ANY PRODUCTS SUPPLIED BY Medmark LLC THROUGH YOUR USE OF THE SITES OR OTHERWISE.
Medmark LLC WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS SHALL BE INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE IT SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.
The terms of this section survive any termination of the Terms and Conditions.
The Sites are controlled, operated, and administered by Medmark LLC from its offices within the United States of America. Medmark LLC makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Sites are illegal is prohibited. You may not use the Sites or export the content or products in violation of U.S. export laws and regulations. If you access the Sites from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, Medmark LLC reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Sites and to block or prevent future access to and use of the Sites. You agree that Medmark LLC shall not be liable for any termination of your use of or access to the Sites.
Only you and Medmark LLC shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or part thereof.
The terms of this section survive any termination of the Terms and Conditions.
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
Disputes. The terms of this Section shall apply to all Disputes between you and Medmark LLC. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Health Fulfillment arising under or relating to the Products, the Sites, this Agreement, or any other transaction involving you and Health Fulfillment, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND Medmark LLC AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR Medmark LLC FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in this Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
Binding Arbitration. You and Medmark LLC further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement; (b) this Agreement memorializes a transaction in interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (d) this Section shall survive termination of this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
Dispute Notice. In the event of a Dispute, you or Medmark LLC must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Medmark LLC must be addressed to: Medmark LLC, 80 Red Schoolhouse Rd, Building 109, Chestnut Ridge, NY 10977, U.S.A., Attn.: Chief Legal Officer (the “Medmark LLC Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Medmark LLC and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Medmark LLC may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND Medmark LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Agreement, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (a) trade secret misappropriation, (b) patent infringement, (c) copyright infringement or misuse, or (d) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in The State of New York at your option.
(a) Initiation of Arbitration Proceeding. If either you or Medmark LLC decide to arbitrate a Dispute, we agree to the following procedure:
(i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).
(ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
620 Eighth Ave
New York, NY 10018
(iii) Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
(b) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Medmark LLC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Medmark LLC is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(c) Arbitration Fees. Medmark LLC shall pay, or (if applicable) reimburse you for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or Medmark LLC) pursuant to provisions of this Agreement.
Amendments to this Section. Notwithstanding any provision in this Agreement to the contrary, you and Medmark LLC agree that if Medmark LLC makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Medmark LLC address) in this Agreement, Medmark LLC will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in this current Agreement, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of the Terms and Conditions.
Questions or Additional information
If you have questions regarding this Agreement or wish to obtain additional information, please use our help desk to send an email
Product Resale Prohibited
In the absence of an express written agreement to the contrary, all products are sold by Medmark LLC for the exclusive use of the purchaser and are not to be resold.
Our goal is to provide customers with timely service in the event a return is necessary. We recommend that you carefully read the following notes detailing our return policy. Please do not attempt to send unapproved product returns back to us. All shipments returned without a return authorization number (RAN) will be refused. Sorry, there will be absolutely no exceptions.
Please click here with a request for a product return authorization code (RAN) prior to returning any merchandise. Merchandise must be returned in sealed sellable condition in order to receive complete product credit.
If you refuse a delivery, your order will be refunded after all applicable restocking and shipping fees, duties, taxes, are deducted after the shipment has been returned back to our fulfillment center. In order to ensure that the return and refund are processed correctly, please go to our Help Desk for complete directives regarding product return procedures.
Money Back Guarantee
Every unit of an Medmark LLC product that we sell has a 100% money back guarantee! If you are unhappy for any reason whatsoever within 60 days from the date of your purchase you will be given a full refund. Simply request a return authorization number (RAN) and send back your units. Its as simple as that.
If you ordered an Medmark LLC product less than sixty (60) days ago and you are one of the few customers that this product does not work for then we will refund your money. Please note that this return policy states that a maximum of 1 unit of an Medmark LLC product can be used/opened and the remaining bottles returned are to be sealed and un-tampered. Your refund will be processed ONLY if you follow the instructions below. Here is what you need to do:
- To request a return number click here and fill out the online form (within 60 days from the invoice date) with your full name, order number and the reason why you are returning the product. Your request for a return number will be reviewed for eligibility and if you are found eligible you will receive an email reply with a return order number. Please note that if you do not send in your request within 60 days of the invoice date you will not be refunded.
- Package all of the empty and/or full bottles and write the return order number legibly on the package. Please be aware that ALL bottles must be returned in order to receive a refund and that the correct amount of opened/closed bottles must be present. Any return order, which does not contain all bottles ordered, will not be refunded.
Mail the package via certified mail within 10 days after receiving your return order number (this is strictly enforced) to the address provided.
- The order will be refunded to the original form of payment unless otherwise instructed. Refunds are processed on the 1st and 15th of each month, so your credit may not appear for up to 2 weeks after we receive your return. Once a return is processed you should see the credit in the next billing cycle.
- Guarantee applies ONLY to products which are purchased from this website.
- Shipping and handling charges are not included.
- Re-orders represent satisfaction. No refunds will be applied once a re-order has been placed.
- Guarantee applies only to our retail customers. Guarantee does not apply to company distributors.
Electronic Signatures and Agreements