PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
CankerYanker, LLC (the “Company,” “we” or “us”) is in the business of selling customized vitamins and other supplements (the “Products”) through a website and associated web pages located at www.cankeryanker.com (the “Site”). People who access the Site and/or purchase Products are referred to in these Terms and Conditions as a “Customer.” If you elect to become a Customer (or participate in the process of becoming a Customer even if you do not ultimately purchase any Products) you will be asked to provide the Company with certain personal information so we can create your Products. In order to ensure there is an understanding between you and us concerning your use of the Site, our Products and to memorialize that understanding, we have created these Terms and Conditions.
These Terms and Conditions apply to you and all other Customers. If you choose to use the Site or purchase any of our Products, you will be agreeing to abide by all of these Terms and Conditions. These Terms and Conditions create a legally binding agreement between you and the Company.
We may change, add or remove portions of these Terms and Conditions at any time. If we do make any material changes to these Terms and Conditions, we will provide something on the Site to make you aware of such changes. If any of these terms and conditions or any future changes are unacceptable to you, do not use the site or the products. If you do continue to use the site or the products now, or following the posting of notice of any changes in these terms and conditions, that use will indicate your acceptance of and agreement to such modified terms and conditions.
In addition, when using particular Products, you may be subject to any additional terms, guidelines or rules applicable to such Products which are posted on the Site. All such additional terms, guidelines and rules are hereby incorporated by reference into these Terms and Conditions. Also, we may offer other Products from time to time that are governed by different terms. However, unless we otherwise specify, these Terms and Conditions shall control with respect to any such additional Products.
These terms and conditions shall constitute the entire agreement between you and the company and no additional or different terms or conditions will be binding upon the Company unless specifically agreed to in writing by an authorized representative of the Company. We hereby object to any additional or different provisions contained in any order or communication heretofore or hereafter received from you.
Secure Online Ordering System
CankerYanker, LLC makes every effort to ensure that your online purchasing experience at is secure. We use state-of-the-art data encryption technology to protect against loss, misuse or alteration of your user information. Secure Socket Layers (SSLs) encrypts the information sent between your computer and our database.
To be sure you’re browsing secure pages, check your Web browser’s status bar (located at the bottom of the window) for the closed padlock icon. This icon appears in the latest versions of Internet Explorer and Netscape Navigator to tell you that you’re viewing a secure Web page. All browsers also display an “s” after the “http” (https://..) in the Web site address to indicate you’re in a secure environment.
Protecting Your Credit Card Information.
Hacking database files residing on LAN servers, connected to the Internet, which contain customer data, has been the primary mechanism by which virtually all credit card theft has occurred. Essentially all of the network operating systems whether they were Windows NT, Linux, Unix, or Novell have all been compromised at one time or another.To completely eliminate the risk of a security breach, we have taken the simplest and most reliable approach — WE DO NOT STORE YOUR CREDIT CARD INFORMATION. This completely eliminates the potential risk of any hacker obtaining valuable data from our systems.
Account, Password, Security
You may receive a password and a username designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree not to share your username and password with anyone. You agree to (i) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Orders; Quotes; Interest. Terms of payment are within CankerYanker, LLC’s sole discretion, and unless otherwise agreed to by CankerYanker, LLC, payment must be received by CankerYanker, LLC prior to CankerYanker, LLC’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by CankerYanker, LLC. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. CankerYanker, LLC may invoice parts of an order separately. Orders are not binding upon CankerYanker, LLC until accepted by CankerYanker, LLC. Any quotations given by CankerYanker, LLC will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. CankerYanker, LLC reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, with or without prior notice.
Shipping Charges – Taxes:
Separate charges for shipping and handling will be shown on CankerYanker, LLC’s invoice(s). Unless Customer provides CankerYanker, LLC with a valid and correct tax exemption certificate applicable to the product ship-to location prior to CankerYanker, LLC’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on CankerYanker, LLC’s invoice.
Title – Risk of Loss:
Title to products passes from CankerYanker, LLC to Customer on shipment from CankerYanker, LLCs facility. Loss or damage that occurs during shipping by a carrier selected by CankerYanker, LLC is CankerYanker, LLC’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).
CankerYanker, LLC products that are purchased directly from CankerYanker, LLC by an end-user Customer may be returned by Customer in accordance with CankerYanker, LLC’s Return Policy.
CankerYanker, LLC may revise and discontinue products at any time and are not responsible for typographical errors or misprints. CankerYanker, LLC reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
Price Definitions and Promotions:
“Retail price” is defined as the manufacturer’s suggested retail price. “CankerYanker, LLC price” refers to the product’s non-promotional price on CankerYanker.com. “Sale price” is a limited time promotional price for the product.
CankerYanker, LLC conducts periodic promotions related to shipping, products, and promotional codes. All offers are for a limited time only, and while supplies last. Offers cannot be applied to previous orders. Rain checks are not allowed. Acceptance of promotional codes is at the sole discretion of CankerYanker, LLC Promotional codes offering percentile discounts shall only apply to the first $1,000 value of the order. CankerYanker, LLC reserves the right to cancel an order if it believes that a fraudulent or abusive order has been placed.
Legal Disclaimer – Limitation of Liability:
The Products and the claims made about specific Products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease.
INFORMATION ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. YOU AGREE TO KEEP YOUR HEALTH CARE PROFESSIONAL INFORMED ABOUT ANY DIETARY SUPPLEMENTS YOU ARE TAKING OR INTEND TO TAKE, INCLUDING OUR PRODUCTS. YOU SHALL NOT USE THE INFORMATION CONTAINED HEREIN FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, OR PRESCRIBING ANY MEDICATION. YOU SHALL READ CAREFULLY ALL PRODUCT PACKAGING AND FOLLOW ALL DIRECTIONS AND INSTRUCTIONS THEREIN CONTAINED. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, IMMEDIATELY CONTACT YOUR HEALTH CARE PROVIDER. YOU SHALL NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE VITAMINS AND SUPPLEMENTS YOU CHOOSE. WE DO NOT GUARANTY THAT OUR PRODUCTS ARE APPROPRIATE FOR EVERYONE, OR THAT THEY MEET YOUR PARTICULAR NEEDS OR THEY WILL PERFORM FOR YOU IN THE MANNER YOU EXPECT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO US FOR THE PRODUCTS.
UNDER THE LAWS OF SOME STATES, LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF SOME KINDS OF DAMAGES ARE NOT PERMITTED. IF THESE LAWS APPLY TO YOU, THE ABOVE DISCLAIMER AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
CANKERYANKER, LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. CANKERYANKER, LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Applicable Law – Not For Resale:
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. CankerYanker, LLC has separate terms and conditions governing resales.
We own all intellectual property rights to the Site and all intellectual property rights relating to the Products, including, without limitation, all copyrights, patents, trademarks, logos, software, text, graphics and formulas. You agree not to use any such intellectual property without our prior written approval.
Third-Party Content, Links and Syndication
Representations – Warranties – Disclaimers:
CANKERYANKER, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these terms and conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
You represent and warrant that you are either 18 or more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. Your account is solely for your personal use, and you shall not authorize others to use your account.
You represent and warrant that your use of the Site and Products shall be in compliance with any applicable laws, rules and regulations of any governmental authority.
You represent and warrant that you will not use the Site to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment.
You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all prior owners of any right, title and interest in and to any Customer Content you post, submit, transfer or link to.
You hereby agree to defend, indemnify and hold harmless the Company and its members, managers, officers, employees, agents and affiliates from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under these Terms and Conditions; or (ii) any allegation that any Customer Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or our or any Customer’s use thereof violates or infringes the rights of another party. You will reimburse us on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon our request. We shall have the right, at our expense, to participate in the defense thereof under your direction.
You agree to abide by the terms of these Terms and Conditions, and to not use the Site or Products to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of the Products; (ii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (iii) collect or store personal data about other Customers; (iv) harass, abuse, or harm another person, or (v) in order to contact, advertise to, solicit, or sell to any other Customer without their prior explicit consent
Without limiting our other remedies, we may immediately warn Customers of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide the Products to you if: (i) you breach these Terms and Conditions or any documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Customers.
Applicable Law and Disputes:
These Terms and Conditions and the relationship between you and the Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of NEW YORK and County of NASSAU. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Company and its employees, officers, members, managers, agents, affiliates, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that the Company incurs in seeking such relief. These Terms and Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
(ii) The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
(iii) If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
(iv) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Products or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(v) The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effec
By ordering any product from CankerYanker, LLC, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Acceptance of Contract Terms” contained elsewhere in the CankerYanker, LLC site.