Terms of Use

Please read carefully the following Terms and Conditions of Use before using this website and Repose Health products.

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By using this website or purchasing products from Repose, you (hereinafter "Professional-Customer," "Health-Care Practitioner," "you," "your") agree to accept and adhere to the following Terms and Conditions of Use. If you do not agree with all of the Terms and Conditions of Use, then you should not use this website.

Repose reserves the right to modify these Terms and Conditions of Use at any time. Your continued use of this website constitutes acceptance of revisions to the Terms and Conditions of Use that might be made, so please check this page regularly.

Throughout Repose's website, we may refer to you as Professional-Customer, Health-Care Practitioner, Practitioner-Customer, Authorized-Reseller, Reseller, Practitioner or Customer. We use these terms interchangeably to refer to all who have signed up under a Repose User account. These Terms and Conditions of Use apply to you.

Terms of Sale

Repose reserves the right to revise the pricing of its nutritional supplement products at any time and without advance notice.
Repose's nutritional supplement products are shipped according to the standard methods of shipping in place at the time.
If a Repose product (not the mailer box) is received in damaged condition, then it should be reported promptly to the Customer Service Department.

If a discrepancy exists between the quantity or items ordered and the quantity or items received, then Repose should be notified within seven business days of receipt of the shipment.

If a Professional-Customer places an order online and then subsequently refuses to accept delivery of the order for reasons that are attributable to Professional-Customer error, then the Professional Customer can be assessed a restocking fee and the shipping charges.
Product returns should be pre-approved by Repose and received within 14 business days of authorization of the return. Please email orders@repose.health for information about returning product.
A Return Authorization including photographic evidence of the unopened product is required for a product return. If any product is received as tampered with/opened then the return will be invalid. The Return Authorization form should be visible on the outside of the shipping box or on the mailing label. Repose can refuse to accept a returned product if the Return Authorization form is not visible.
Repose must receive a returned product before a credit for the returned product can be issued.

There is a processing fee on returned products. The Professional-Customer is responsible for shipping costs on returned products unless shipping costs are waived when the Return Authorization is approved.
These Terms of Sale can be revised at any time should it be determined that it is in the best interests of Repose to do so.

Publicly Advertised Internet Sales

Repose has always acknowledged the merits of online commerce for our health-care practitioner-customers and their patients.
Repose has established a Minimum Advertised Price (MAP) policy to protect its brand, reputation and image.
Furthermore, we have always strived to ensure appropriate communication, medical education, and patient care standards for online resellers.
Additionally, our long-held concern has not been resolved regarding the quality of care that patients receive who purchase our products through multiple proprietary e-storefronts and third-party ecommerce platforms, such as Amazon.com, Jet.com, ebay.com, etc.
After careful evaluation and due consideration, Repose has come to the conclusion that a different model is needed for the sale of our nutritional supplement products on the Internet; in particular, a model that ensures pricing parity and appropriate patient support.

Repose will be extending exclusive purchasing privileges to a single authorized Practitioner-Based Amazon account and, as of December 18th, 2023 a single authorized proprietary e-storefront account. Thus, all other publicly advertised Internet sales are prohibited.

Repose believes this Internet sales policy:

Ensures that patient inquiries are addressed promptly and accurately.
Ensures accurate product tracking in the event of a product recall.
Ensures proper tracking and resolution of adverse events.
Ensures compliance with California's Proposition 65.
Improves patient communications and care.

Affiliate Marketing Programs

Some Repose products can be offered as part of an Affiliate Marketing Program. Repose uses the definition of an Internet-based Affiliate Marketing program that can be found on http://en.wikipedia.org/wiki/Affiliate_Program. Repose will designate which customers qualify as affiliates for this purpose.

Use of Repose Trademarks Online

Images and likenesses of Repose's trademarks and trade dress (including pictures of bottles bearing Repose labeling) and copyrighted product descriptions can be downloaded from Repose websites by Professional-Customers who have opened a Repose account.

A Professional-Customer does not have the right to affix any Repose trademark to any product or other material that is not a Repose nutritional supplement product.

A Professional-Customer agrees to use the trademark symbols "™" or "®" as appropriate, when displaying Repose's trademarked names or products, as an attribution of Repose's ownership of its trademarks. The use of a Repose trademark does not give a Professional-Customer any ownership right, title, or interest, express or implied, in the trademark.

A Professional-Customer's use of Repose's trademarks should be accompanied by a statement that substantially states the following: "Repose trademarks are used with permission."

A Professional-Customer should not use Repose's trademarks except in the form, context, and location that is acceptable to Repose. Repose will periodically review Professional-Customer websites and reserves the right to demand that a Professional-Customer make changes to its website regarding the use of intellectual property owned or controlled by Repose, even if Repose has previously approved or accepted the Professional-Customer's website or the material displayed thereon.

A Professional-Customer must not use any Repose product name or trademark as part of a URL (Universal Resource Locator), secondary level domain name, metatag, key word, or file name.

Disease Claims / Health Disclaimer

Repose is not a medical professional and does not provide professional medical services or advice. The Services provided by this website do not contain or constitute, and should not be interpreted as, medical advice or opinion. Use of the Services is not for medical purposes or emergencies. If you think you have a medical emergency, call 911. The statements made by Repose on its website and products have not been evaluated by The Food and Drug Administration. Repose's products are not intended to diagnose, treat, cure or prevent any disease.

To protect Professional-Customers and Repose from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding disease claims associated with nutritional supplement products, Repose products cannot be displayed or mentioned within two clicks of any disease claim.

Repose will periodically review a Professional-Customer's website and reserves the right to demand a Professional-Customer make changes to its website regarding any disease claim regarding a Repose product, even if Repose has previously approved or accepted the Professional-Customer's website or the material displayed thereon.

Repose reserves the right to demand a Professional-Customer make changes to its website to the extent a Professional-Customer is making statements about Repose products in any manner that would violate regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.

Repose Logo

The Repose logo can only be used in the form supplied by Repose for use online. Neither the file name nor the name of the image can be changed or modified from the original form supplied by Repose. The Repose logo may be accompanied by a statement indicating "I (We) proudly offer [insert Repose logo] products." No other statements may be affiliated with use of the Repose logo.

Violations of Policy

A Professional-Customer who violates Repose's Internet policy will receive a written notice from Repose that the Professional-Customer is in violation of the policy. If the Professional-Customer does not come into compliance with the policy, then the Professional-Customer will no longer be able to purchase Repose products.

A Professional-Customer who corrects their website to bring it into compliance with this policy should promptly notify Repose. Repose will review the website and if Repose determines the website is in compliance with this policy, then the Professional-Customer's account will be reactivated.

Repose has adopted a zero-tolerance approach to this policy. Professional-Customers acknowledge that upon any subsequent breach of any provision of this policy, Repose may terminate the Professional-Customer's account without notice.

Miscellaneous

Repose may, in its sole discretion, revise its Internet policy at any time.

Any failure or delay by Repose in enforcing any provision of its Internet policy will not be considered a waiver of such provision and will not prevent Repose from enforcing the provision at a later date.

Copyright / Trademarks

Except where otherwise indicated, all materials presented on Repose's website are the copyrighted property of Repose, Inc.

The Repose logo and the names of various products offered by Repose are trademarks of Repose, Inc.

Permission is hereby granted to use, copy, and distribute the materials presented on this website without alteration for non-commercial purposes only; provided, however, that all copyright, trademark, or any other proprietary notice appear in all copies in the same manner as the original. All other uses are prohibited.

Except as expressly provided herein, you must not use any portion of this website, or any other intellectual property of Repose, on any other website, in the source code of any other website, or in any other printed or electronic materials.

Except as expressly provided herein, you must not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website's content, or frame this website within any other website, without the prior written permission from Repose.

Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from Repose, is prohibited. Linking from another website to any page in this website is prohibited without the prior permission from Repose.

Products

The information and descriptions presented on Repose websites are intended as general information, and are not necessarily complete descriptions of every product, indication for use, or contraindication for use.

Third-Party Websites

This website may contain links to other websites ("third-party websites") that are not maintained by Repose. These links are provided solely for your convenience. Repose makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, any third-party website. Repose recommends you take the time to read the privacy policy and the terms and conditions of use of any third-party website.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to Repose's websites.

Personal Security Code Registrations

Some portions of some Repose websites are restricted and require a user identification code ("User ID") and a personal security code ("Password") for access. Unauthorized use of or access of such restricted portions of our websites is prohibited.

In accessing portions of Repose websites requiring a User ID and Password, you agree that Repose is entitled to act on instructions received under your User ID and Password and that Repose is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of Repose.

You must keep your User ID and Password confidential and you should notify Repose promptly if you believe anyone else has obtained your User ID and Password or if any unauthorized access to the restricted portions of Repose's websites has occurred or may occur. Repose may block access to the restricted portions of its websites without prior notice if we believe your Password is being used by someone other than you or if any unauthorized access to your personal information has occurred or may occur.

Disclaimer Of Warranties

The content and materials on Repose websites are provided "as is" and without representations or warranties of any kind, either express or implied. Repose expressly disclaims all warranties, express or implied, with respect to its websites including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Repose does not warrant or represent that the functions or operation of its websites will be uninterrupted or error-free, that defects will be corrected, or that Repose's websites, its servers, or any e-mail sent from Repose are free of viruses or other harmful components. Because some States do not allow a disclaimer of warranties, the foregoing disclaimer may not apply to you.

Limitation of Liability

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Services (including the products are (except as expressly stated by us)) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Repose, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or for any other claim related in any way to your use of the Services, or any loss or damage of any kind incurred as a result of the use of the Services, even if advised of their possibility, except as provided by law.

Therefore Repose is not liable for any injury, loss, claim, or damage, nor any indirect, special, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of the use of, or inability to use, its websites or the content found on its websites, or, unless resulting from the gross negligence or intentional actions of Repose, the unauthorized access to or alteration of your transmissions or data, even if Repose has been advised of the possibility of such damages. Because some States do not allow a limitation of liability for certain damages, the foregoing limitations may not apply to you.

Jurisdiction / Enforceability

Use of Repose websites is governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. Any dispute concerning a Repose website is subject to the venue of a court of competent jurisdiction in San Francisco County, California.

Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.