Physical-Sciences - Shipping & Policies

We Accept Visa, Mastercard, AMEX, Discover and Paypal

OUR SHIPPING POLICIES

• Domestic orders are shipped by UPS Ground in most cases. UPS does not deliver to P.O. boxes so you must either list a valid street address with your order OR choose USPS Priority Mail for P.O. Box delivery. For an estimate of the number of days it takes to deliver your package in the contiguous 48 states via UPS.

• Other shipping methods are available such as UPS Next-Day or Two-Day delivery. You pay shipping costs for these methods which is based on the weight and destination. Simply enter your order online and you will be presented with all shipping options that we can do so you can choose between price and speed of delivery. By indicating a special delivery method, you are giving us authorization to charge you for this service. Please be aware that orders placed after 2:00pm EST (11:00 AM PST) will usually go out the following business day.

• We do NOT request or require a signature for UPS deliveries, but we cannot force the driver to leave the package if no one is home. If you live in a relatively low crime area and the risk is small, the driver will usually leave the package at your door or other safe area, but it is solely up to your UPS driver's discretion whether or not to require a signature. This also applies to any special shipping instructions that you have asked us to include on your shipping label. UPS does not deliver on weekends or holidays. Do not include these days when estimating your expected delivery date.

• There is no guarantee that your order will go out the day you order. If you have specified a One, Two, or Three Day delivery and are placing the order after 2:00pm EST (11:00 AM PST), it is likely your order will be shipped the following business day.

• For destinations within the 48 contiguous Unites States which can be sent by UPS Ground service, there is a $9.95 minimum shipping charge.

• For destinations in Alaska, Hawaii, and APO/FPO locations, you pay shipping charges based on the weight of the package (minimum of $9.95). Packages to these destinations are shipped via the US Postal Service's Priority Mail. Enter your order into our online ordering process and it will compute the shipping charge.

• For military locations (APO/FPO), in addition to the delivery time that it takes us to get it to the APO or FPO (two or three days), you will have to wait on the military then delivering the package to you. This could be days or weeks. We cannot help speed up this process. Sorry. When indicating your shipping address, "APO" or "FPO" will be your "City"; "AA", "AE" or "AP" will be your "State" and your ZIP Code will begin with either 09, 34 or 96. Leave the "Country" as United States. You will be presented with your Priority Mail shipping charge when you Checkout or check your shopping cart.

• We will charge you a $10 fee for shipments that are either re-routed after leaving our warehouse or are incorrectly addressed due to customer's error. Shipping labels are generated directly from the shipping information you have entered. If you provide us an incorrect zip code or other addressing error e.g. incorrect or missing apartment number, you will be charged the $10 fee since the shipping company will charge us a fee for this correction.

• International Shipping Information For shipments to all other countries, the following rules and restrictions apply:

• Do not order items that are illegal to import into your country. Laws are different in every country and we cannot keep up with them all. It is your responsibility to check with your Customs office to see if your country permits the shipment of our products to your country.

• If the package is seized by Customs for any reason and we do not receive the package back, we will not issue you a refund. If we do receive the package back after being seized and the products are in perfect condition, we will credit you the product cost, but you are still responsible for the shipping charges.

• Prepayment is required. Payment must be by credit card, US or International Money Order, or personal check drawn on a US bank. You pay shipping charges based on the weight of the package and the destination. The $9.95 standard shipping charge does not apply to international orders. Shipping by air to most other countries can be very expensive. As you add items to the shopping cart, you will be presented with the shipping options and charges. Important: If you write to us or order from us, but do not receive a reply back from us, then there is most likely some problem with your email address. We have received many email messages that we reply to, but - for whatever reason - the message can not make it through. We have no other way way to contact you, so please make sure your email delivery is working properly and that you have given us a correct email address before complaining that we are not replying. In any case where you do not hear back from us, please call us at 1-800-326-8248.

• You can add items to your shopping cart which displays the total and you can see the shipping charges prior to sending the order to us. We reserve the right to insure the package. You will not incur an additional charge for insurance above what is presented through the online ordering process. We believe our online order form to be accurate in computing shipping charges, but we will not be held responsible for errors in the shipping charge calculation. If we find it to be incorrect after receiving your order, we reserve the right to correct the charge and inform you by email.

• Please allow 2 weeks for delivery by International Airmail. IMPORTANT: This does not include any time that your country's Customs office may hold the package which happens frequently. If you have not received your package after the allowed period, check with your Customs office (if possible) to track it down. There is nothing we can do to speed up this process. You can choose to have your order shipped by UPS Worldwide Express service for faster delivery (two or three days) if you would like. This shipping charge, if available for your destination, will be displayed when you view your shopping cart contents.

• If you choose UPS Worldwide Express, you will be emailed a URL that can be used to track your shipment.

• You are responsible for any duties or taxes that may apply. We do not collect any duties or taxes from you and do not know how much they will cost you. Check with your own country. We report the exact amount of the sale on the Customs form. Please do not ask us to claim less than the actual sale amount.

• For a description of the package contents on the Customs form, we claim "Food supplements - for personal use only". Please do not ask us to claim a "gift" or other incorrect description.

• Some countries allow for importation of otherwise disallowed products "for personal use only", but not for resale. Check with your customs office.

• We reserve the right to decline an order for any reason.

Sales Tax

• Currently, only Ohio residents are subject to sales tax collected by Physical-Sciences.

• Dietary supplements are subject to taxation in the state of Ohio.

• International customers may be subjected to taxes payable to your own country upon receiving the package, but we do not collect nor know what the amount of these taxes are. Check with your country's tax authority.

Damages and Shortages

• Merchandise damaged during shipping or shortages (missing items) must be reported to Physical-Sciences within 24 hours of receipt. Physical-Sciences will then either issue you credit or send replacements for the amount of any confirmed damaged or missing merchandise. Physical-Sciences will contact the shipping company for visual inspection of the merchandise and box. Physical-Sciences will then either issue you credit or send replacements for the amount of any confirmed damaged or missing merchandise.

Back Orders

• We regularly stock every item we carry. Although every attempt is made to maintain inventory of each product we carry, occasionally we may run out of certain products. In this case, we will mark the product "out of stock" on our website. If any product is not in stock for an order, we will hold off shipment of your entire order until all products are available. You should place a separate order containing only in-stock products to have it processed immediately.

Shipping Options

• We ship most orders within 1 business day. RETURN POLICY No cash refunds under any circumstance. Returns and exchanges for in-store credit only. All sales are final. All returns on any open container must be made within 7 business days. Open containers must be 75% full of original product. Unopened containers must be returned within 30 days. Customer is responsible for return shipping charges. All returns and exchanges must be accompanied by original sales receipt or be a recorded transaction in our computer system. No returns from other locations, will be accepted. Products purchased at one of our distributors locations must be returned to distributor under the same guidelines as listed above. In return they will be credited by physical-sciences. We reserve the right to refuse service to anyone. No exceptions

DISCLAIMER The information provided on this web site concerning products and services, are for informational purposes only and is not intended to diagnose, treat, cure or prevent any disease. The products have not been evaluated or approved for any purpose by the U.S. Food and Drug Administration. The information provided on this web site is not intended to be a substitute for advice from your doctor or other health care professional or any warnings contained on the individual product labels and/or packaging. You should not use this information for any diagnosis or treatment of any health problem, as a substitute for any doctor prescribed medicine or diet program, or other treatment. Consult a qualified health care professional before starting any diet, exercise or supplement program. Always read the labels and consult with your doctor before using any dietary supplement. Consult with your doctor or pharmacist specifically about the interaction of product ingredients with any prescribed or over-the-counter medications you are taking. Physical-Sciences nutritional supplements are intended to supplement your exercise and nutrition program. Results may vary.

TERMS OF SALE 1. Acceptance. The terms of sale contained herein apply to all quotations made and purchase orders received by Seller and hereby become the exclusive binding agreement between the parties regarding the Products purchased. THE ACCEPTANCE OF ANY OR ALL OF BUYER’S PURCHASE ORDER IS CONDITIONAL UPON BUYER’S ASSENT TO THE TERMS AND CONDITIONS IN THIS DOCUMENT AND IN SELLER’S RETURNED MERCHANDISE AUTHORIZATION (RMA) POLICY, INCORPORATED BY REFERENCE HEREIN IN LIEU OF THE TERMS CONTAINED IN BUYER’S PURCHASE ORDER. Seller hereby rejects all provisions contained in communications from Buyer that conflict with or are inconsistent with the terms contained herein. Seller’s failure to object to any of the provisions contained in Buyer’s documentation shall not be deemed a waiver of these provisions. 2. Prices/Taxes. Current prices and minimum order quantities are posted on our web site. We may change any prices and minimum order quantities at any time, at our discretion, and any changes will apply to orders we receive after the effective date of the change. Buyer will be billed at the prices stated at the time of order acceptance. If such price is different from the price quoted Buyer, Buyer may, upon ten (10) days written notice from the date Seller gives such notice to Buyer, cancel this order without liability. Failure to give such notice to Seller shall be deemed an acceptance of the new price. If the prices are based on the purchase of a particular quantity of goods and Buyer fails to purchase that quantity, Seller shall have the right, in addition to any other remedies at law or equity, to the difference between the stated price and Seller’s standard prices for such goods in the quantity purchased by Buyer. Unless otherwise specified or required by law, all prices will be quoted and billed exclusive of customs, duties or taxes, and Buyer shall be responsible for all such applicable duties and taxes. If exemption from such taxes is claimed, Buyer must provide a certificate of exemption at the time the Purchase Order is submitted to Seller, and shall indemnify Seller for any unpaid taxes in the event such exemption is not applicable. You will bear all applicable federal, state, municipal and other taxes (such as sales or use or any similar taxes) in connection with your sale of the Products.

3. Terms of Payment. You may purchase Products under this Agreement at our website, fax or by telephone order. Upon our acceptance of your order, we will produce an online purchase order confirmation, which specifies shipping date, total order pricing and other general terms and conditions. You must notify us immediately of any errors. Any changes made to an order after we have begun to process the order may be subject to cancellation fees and/or restocking charges. The terms of payment are by credit card at the time of the order. Seller reserves the right to modify payment terms or extend credit terms. Failure to adhere to the terms will incur interest, bank and finance charges. When partial shipments are made, payments shall become due in accordance with the designated terms for each shipment. If Seller accepts partial payment in an amount less than the full amount of any invoice, such acceptance shall neither constitute a waiver of Seller’s right to collect the balance nor an accord and satisfaction, notwithstanding Seller’s endorsement of a check or other instrument. In the event of Buyer’s bankruptcy or insolvency, Seller shall be entitled to cancel any order then outstanding without waiving any claims in law or equity. If buyer fails to comply with payment terms, Seller reserves the right to withdraw credit, suspend or cancel performance under any or all orders or agreement and all Buyer’s obligations to Seller shall become immediately due and payable.

4. Title and Delivery. Shipment shall be F.O.B. Buyer’s location and the manner of shipment shall be at Seller’s option. Seller shall be responsible for all shipping charges. However, Seller reserves the right to change shipping terms and responsibility for payment. Risk of loss will pass upon delivery to you. All claims for loss or damage during shipment must be filed by Buyer with the carrier. Claims against Seller for shortages occurring before delivery to carrier are subject to Buyer’s compliance with Seller’s RMA policy, incorporated by reference herein. The sale of any of Seller’s products to Buyer in no way conveys to Buyer, either expressly or by implication, any intellectual property license whatsoever. Seller expressly reserves its rights under any such claim.

5. Warranty/Disclaimers. Seller warrants that the Products delivered hereunder will be in accordance with Seller’s specifications under normal use and service for a period of one year from delivery. Deviations from specifications which do not materially affect performance of the Products covered hereby shall not be deemed to constitute defects of material or workmanship or failure to comply with Product specifications. The obligations of Seller and Buyer with respect to the warranty shall be governed by and according to Seller’s RMA policy, incorporated by reference herein. Seller warrants that, at the time of sale, the Products sold to Buyer do not infringe any patent, copyright, trade secret, trademark or any other proprietary right of any third party. Seller warrants that performance hereunder does not contravene the terms, provisions or conditions of any instrument or contract between Seller and any third parties. The warranties contained herein shall extend only to Buyer and shall not apply to Buyer’s affiliates or customers. BUYER ACKNOWLEDGES AND AGREES THAT THE PROVISIONS CONTAINED IN THIS WARRANTY CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO IT WITH REGARD TO THE PRODUCTS. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS SECTION AND FOR THE INDEMNIFICATIONS GRANTED IN SECTIONS 6 AND 15, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, ALL GUARANTEES AND ALL REPRESENTATIONS AS TO PERFORMANCE, INCLUDING ALL WARRANTIES WHICH, BUT FOR THIS PROVISION, MIGHT ARISE FROM COURSE OF DEALING, CUSTOM OR TRADE AND INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE PRODUCTS FURNISHED BY SELLER HEREUNDER, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY SELLER.

6. Indemnification. Both Buyer and Seller agree to indemnify and otherwise hold each other harmless from any and all claims, losses, damages, settlements, judgments, expenses (including reasonable attorneys’ and witness’ fees) and inabilities arising from or based upon the infringement or alleged infringement of the other party’s patent, copyright, trade secret, trademark or any other proprietary right of any third party with respect to its products. You will immediately notify us in writing of any administrative or legal action or threatened action against you or us involving any of the Products, or any other product that you offer or sell at the Approved Location.

7. Limitation of Liability. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM SELLER’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS SOLD PURSUANT HERETO. WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, THE NEGLIGENCE OF SELLER OR OTHERWISE. SELLER’S LIABILITY SHALL BE LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF PARTS OF THE PRODUCT UNDER THE WARRANTY CLAUSE HEREIN IF THE APPLICABLE WARRANTY PERIOD DESCRIBED IN THAT SECTION HAS NOT EXPIRED. If such warranty period has expired, Seller shall not be liable for any damages or injuries. It is agreed, however, that in no event shall Seller’s liability exceed the U.S. dollar amount equal to the amount paid by Buyer for the cost of the Products paid by Buyer. THE DAMAGE LIMITATIONS PROVIDED IN THIS AGREEMENT AND THE REMEDIES STATED HEREIN SHALL BE EXCLUSIVE AND SHALL BE BUYER’S SOLE REMEDY. THIS LIMITATION ON LIABILITY SHALL SURVIVE FAILURE OF ANY ESSENTIAL PURPOSE.

8. Limitations of Use. The Products sold hereunder are not designed for any application where product failure could lead to injury to persons or loss of life or catastrophic property damage, or (ii) expose itself to the risk of loss, expense, cost, liability, litigation and/or potential adverse verdict or judgment in relation to any such use of the Products. Accordingly, Seller disclaims any and all liability, and should Buyer use or sell such Products for use in such applications, it does so at its own risk. Furthermore, Buyer agrees to fully indemnify, defend and hold Seller harmless from and against (iii) any and all claims, demands, actions, litigation, and proceedings of any kind arising out of or related to such use or sale (“Use Claims”) and (iv) any and all liens, liabilities, awards, judgments, damages, costs, expenses (including reasonable attorney’s fees) arising out of or related to any Use Claim. It’s terms and conditions or advertise or release any publicity regarding this contract without prior written consent of the other party.

9. Confidential Information. Neither Seller nor Buyer shall publicly announce or disclose the existence of this contract or its terms and conditions or advertise or release any publicity regarding this contract without prior written consent of the other party.

10. Rescheduling/Cancellation. Seller may make changes to delivery date with Buyer’s agreement without liability. No rescheduling or cancellation shall be permitted within thirty (30) days of the scheduled shipment date. In the event Buyer cancels or reschedules within this period, Buyer shall be liable to Seller for the entire Product price. The terms in this section are superseded by the provisions contained in section 11 herein.

11. Product Discontinuance. Buyer acknowledges that any of the Products may be discontinued by Seller or Seller’s supplier without prior notice to Buyer. In the event of such discontinuance, Seller shall notify Buyer to the extent that any products ordered by Buyer are affected thereby. In the event of such discontinuance, Seller reserves the right to terminate Buyer’s Order for any Product which has not been delivered and which is affected by such discontinuance without any liability to Seller.

12. Acceptance and Returns. You must inspect all Products promptly upon receipt and my reject any Products that fail in any material respect to conform to our description. Products not rejected within forty-eight (48) hours of receipt are considered to have been accepted. Rejected Products must be returned to us within three (3) days of the date on which we authorize return. We will replace properly rejected Products, and will prepay transportation charges back to you and will reimburse you for reasonable costs of transportation you incurred in the return to us of the rejected Products. Returns will not be accepted by Seller for any reason other than for: (1) Product defects or damage occurring within the warranty period where Seller is found to have created the cause, or (ii) mishandled shipments created by Seller. Return requests involving merchandise shipments must be brought to Seller’s attention within fifteen (15) days of original ship date. Seller reserves the right to reject any request regarding mishandled shipments submitted more than fifteen (15) days after the original ship date. In the event that Seller authorizes a return. Seller reserves the right to credit, replace, or repair material at his discretion and Seller’s liability is limited to the provisions defined in section 7 herein. Restocking charges may apply.

13. Security Agreement. Buyer hereby grants to Seller, its successors and assigns, a security interest in the Products to secure payment of the purchase price of the Products. Default in payment of such price or any part of the price when due shall permit Seller, in its sole discretion, to declare all obligations of Buyer immediately due and payable, and in such event, Seller shall have all the rights and remedies of a secured party under applicable law. In connection with the security interest granted herein, Seller is expressly authorized, at its discretion, to file one or more financing statements or other notices under applicable law naming Buyer as debtor and Seller as secured party. Buyer agrees to execute such documents requested by Seller to record and otherwise perfect this security interest.

14. Force Majeure. Seller shall not be liable for any loss, delay or failure to perform resulting from any force majeure event, including but not limited to Acts of God, fire, natural disaster, labor stoppage, government intervention, war or military hostilities, inability of carriers to make scheduled deliveries, or any act beyond the reasonable control of the Seller. Any delivery date may be extended, at Seller’s option, to the extent of any delay resulting from any force majeure event.

15. Assignment. Neither Buyer nor Seller shall assign this order or any interest therein or any rights hereunder without the prior written consent of the other party. 16. Notice. Any notice or report required or permitted by these terms and conditions shall be in writing and shall be deemed given if delivered personally or if sent by either party to the other by confirmed overnight delivery or by certified or registered mail, return receipt requested, postage prepaid, addressed to the other party to its address as set forth on the Purchase Order or at such other address as such party shall designate by notice hereunder. Where Buyer is giving notice to Seller, all notices shall be sent to the attention of Buyer’s account representative or customer service representative.

17. Governing Law. The terms and conditions of sale stated herein shall be governed by and construed according to the laws of the State of Ohio without regard to conflict of laws provisions. Each party consents to jurisdiction in Hamilton County Superior Court, State of Ohio or in the United States District Court, Southern District in Hamilton County, Ohio.

18. Modifications. No modifications to these terms and conditions herein shall be enforceable except when in writing and signed by both parties, unless otherwise expressly stated herein.

19. Severability. Any provision hereof which is prohibited or unenforceable shall, as to such jurisdictions, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity of such provision in any other jurisdiction.

20. Waiver. No waiver of any breach of any provision of these terms and conditions shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

21. Attorneys Fees and Arbitration. In any claim arising under these terms and conditions, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs. Any controversy or claim arising under this agreement that cannot be resolved by the parties themselves must be settled exclusively by binding arbitration in Hamilton County, Ohio, according to the Commercial Arbitration Rules of the American Arbitration Association and the laws of the State of Ohio. Any award will be in writing and will be final and binding on the parties and judgment may be entered on it in any court of competent jurisdiction.

22. Entire Agreement. The terms and conditions contained herein constitute the entire agreement between Buyer and Seller with respect to the Products purchased.

OUR PRIVACY POLICY

We take your privacy seriously. Earning and keeping your trust is important to us. We want you to understand what kinds of information we gather from you, how this information is used and protected, and how you can control its use. This statement discloses the privacy practices of Physical-Sciences on this website. By using this website, you agree, without limitation or qualification, to be bound by this Privacy Policy. This Privacy Policy applies to the collection and use of information by Physical-Sciences on this website but does not apply to information that you may send to us by other means. Any changes in our Privacy Policy will be communicated in this page so please check back from time to time.

1. Who may use this website. This website is not intended or designed to attract users under the age of 18. We do not collect personally identifiable data from any person we know to be under the age of 18 and instruct users under 18 not to send us any information. This site is restricted to users from the United States. Users from other countries are advised not to disclose personal information on this website. You transmit data to a server located in Ohio subject to United States and Ohio law. You should not send any personal information to this website unless you agree to be bound by United States and Ohio Law.

2. Information collected from you. The kinds of information we collect from you will vary, depending on how you use our website. It's possible to browse our site without submitting any personal information at all. In order to take part in certain services on our website, you will be required to provide certain personal information (e.g., your name, address, e-mail address, etc.). In addition to the information you choose to submit, our systems are set up to gather certain anonymous data to help us better understand how our site is being used and how we can improve it. This automatically gathered data includes any content you view on our website.

3. How your information is used. We utilize "cookies" on our site. These are small files that we send to and store on your computer so that we may recognize it as a unique machine the next time you visit our site. Our cookies are used to let us know you are a prior customer and to help us personalize your online experience by providing you with advertisements and messages of interest to you. Also, companies offering products or services through our website may use their own cookies. The personal information you provide is used among other uses to help us customize your online experience. Your e-mail address serves as a unique identifier in our record system, and it is used together with your password to prevent unauthorized access to any information you choose to store on our site. The data you give us about your personal preferences and demographics (such as age, ZIP code, occupation, or other data) may be used to help us offer content, advertisements, products, and services that are most likely to appeal to you. We will use your personal information to respond to requests you may make of us, and from time to time, we may refer to such information to better understand your needs and how we can improve our website, products and services. We may also use this personal information to contact you and/or provide you with general health information (like information on certain health conditions). We may share this personal information with other companies who offer products and services that may be of interest to you. We may also enhance or merge this personal information with data obtained from third parties for the same purposes. Unless you specify that you'd prefer not to hear from us, we may also use the e-mail address you provide at registration to contact you for promotional, administrative, or other reasons. You may have these communications terminated. This likely will take 48 hours from the time you give us notice. You may occasionally see contests, surveys, and other features of our website that ask you to provide us with personal information. When you choose to respond to these requests, the personal information you offer may be used for several reasons. These include the uses set out in this section. They also include providing personal information to third parties for prize fulfillment and other aspects of any contest or similar offering or for other uses related to providing you with information that we hope will be of interest to you. The information gathered automatically by our system—such as your computer's IP address, the kind of browser you're using, and a record of your navigation through our site—may be used by us so we can understand how to make our site convenient and useful to our audience and to improve our products and services. We may link information collected from you through various means, including information collected automatically and through the use of cookies and personal information. Our goal is to help offer you content, advertisements, products, and services that are most likely to appeal to you.

4. Your Choices Regarding the Use of Your Personal Information. You can always choose not to provide personal information, even though it might be needed to take advantage of Max Physical-Sciences offers or website features. You can add or update certain information that you send to us. When you update information, we usually keep a copy of the prior version for our records. If you do not want to receive e-mail or other mail from us or if you wish to check your personal information, please contact us in the manner listed in Section 8 of this Privacy Policy.

5. Access to Your Personal Information. In the event that Physical-Sciences and some of our assets are sold or transferred or used as security, the personal information collected on our website may be transferred to third parties as part of that transaction. Physical-Sciences may also provide personal information or provide access to personal information to any of our affiliated businesses or to our business partners. Physical-Sciences may use your personal information to reply to you and send information to you. Physical-Sciences does not intend to reveal personal information to third parties except in the manner stated in this Privacy Policy. Physical-Sciences will provide aggregated information received from you to third parties. Physical-Sciences takes commercially reasonable precautions to prevent the aggregated information provided to third parties from including personal information. If Physical-Sciences is requested by law enforcement officials or judicial authorities to provide personal information on individual users, Physical-Sciences may, without your consent, provide such information. In matters involving claims of personal or public safety or in litigation where the data is pertinent, Physical-Sciences may use or disclose your personal information without your consent or court process.

6. Will Your Personal Information Be Secure? Physical-Sciences recognizes you may be concerned about the security of your personal information, and we are committed to employing reasonable technology in order to protect the security of our website. Even with such technology, no website is 100% secure. We will take reasonable measures that we believe are appropriate to protect your information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer your information take comparable steps to protect that security.

7. Our Privacy Policy and Outside Links. Our Privacy Policy only applies to this website. Our website contains links to sites outside our control. Please be aware that these sites may collect personal information about you, and operate according to their own privacy practices that may differ from our Privacy Policy. Remember to consult that website's own privacy policy, as once you're outside this website, any information you submit is no longer in our control.

8. Questions Regarding Our Privacy Policy. If you have questions or comments regarding our privacy practices, please e-mail us at info@physical-sciences.com

OUR TERMS OF USE

Thank you for visiting our website. In order to provide you with the best service possible, we want you to fully understand the terms and conditions set forth below (our "Terms of Use") by which Physical-Sciences, Inc., (referred to herein as "Physical-Sciences", "us" or "we") offers services and information on or through this website. Please review these Terms of Use carefully. By using this website (collectively referred to in these Terms of Use as our "Website") you agree to be bound by the terms set forth herein. We may make changes to our Website, these Terms of Use, or the policies and conditions that govern the use of our Website at any time. We encourage you to review our Website and these terms periodically for any updates or changes. Your continued access or use of our Website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by the Terms of Use, you may not use and must immediately cease your use of the Website. Physical-Sciences is located in Cincinnati, Ohio, in the United States. This site is for U.S. residents who are adults. Access to the site may not be legal in other countries. You transmit data to our Website subject to U.S. and Ohio law. Do not transmit data to our Website unless you agree to be bound by U.S. and Ohio law.

HEALTH-RELATED INFORMATION

The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with Physical-Siences) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

USE OF WEBSITE

You agree to use the Website for lawful purposes. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local law. You agree that Physical-Sciences may in its sole discretion terminate your access to our Website, without notice, if we believe you have in any way violated our Terms of Use.

ELECTRONIC COMMUNICATIONS

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MODIFICATIONS

We reserve the right to modify or discontinue, temporarily or permanently, any or all of the Website and/or any or all features, products, prices of products, services or information appearing on or available through any or all of the Website with or without notice to you. You agree that we shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.

INDEMNITY

You agree to indemnify and hold Physical-Sciences and our parents, affiliates and licensees, and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms of Use, or your violation of any rights of another party. This indemnity survives termination of these Terms of Use.

SUBMISSION OF INFORMATION OR MATERIALS

You agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. Other than personally identifiable information, which is addressed under our Privacy Policy, any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Website becomes and will remain the property of Physical-Sciences and may be used by Physical-Sciences anywhere, anytime and for any reason whatsoever. Except as may be provided in the Privacy Policy, any information or materials submitted to Physical-Sciences will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. Physical-Sciences will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Website. You should rely solely on your rights under patent, trademark, and copyright laws. The receipt or consideration of your information by Physical-Sciences shall in no way impair the right of Physical-Sciences to contest the validity of your patent, trademark or copyright.

LINKS

Our Website provides links to other websites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that Physical-Sciences is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Physical-Sciences shall not be responsible 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 such external sites or resources. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk.

OUR PROPRIETARY RIGHTS

The Website is owned and operated by Physical-Sciences. The contents of the Website are ©2007 Physical-Sciences, Inc. Physical-Sciences. All Rights Reserved. You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to you on our Website is protected by our or other third parties' copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Physical-Sciences authorizes you to view and download materials at the Website only for your personal, non-commercial use, provided you retain all copyright and proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on the Website in any way or reproduce or publicly display, perform, distribute, transmit, create derivative works of, or otherwise use them for any public or commercial purpose. Any use of these materials on any other website (including without limitation, displaying this Website or any material displayed on or that can be downloaded from this Website in frames on another website without Physical-Sciences express written permission) is prohibited

SALE OF PRODUCTS

You may be provided with the opportunity to purchase products through the Website and/or from third party websites linked to the Website. Products purchased through the websites of others are subject to the terms and conditions of such other parties and their websites, and Physical-Sciences shall have no liability or responsibility for them.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Physical-Sciences AND ITS PARENTS, AFFILIATES, AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHYSICAL-SCIENCES AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PHYSICAL-SCIENCES OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF. PHYSICAL-SCIENCES MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE WEBSITE OR ANY WEBSITE LINKED HEREUNDER. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY. PHYSICAL-SCIENCES AND ITS AFFILIATES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHYSICAL-SCIENCES OR THROUGH OR FROM ANY SERVICE OR PRODUCT ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU AGREE THAT PHYSICAL-SCIENCES AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF PHYSICAL-SCIENCES OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES. YOU FURTHER AGREE THAT PHYSICAL-SCIENCES AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DOMESTIC USE; EXPORT RESTRICTION

We control the Website from our offices within the United States of America . We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.

APPLICABLE LAW; JURISDICTION

Any claim relating to the Website, our Terms of Use, and the relationship between you and us shall be governed by the laws of the United States and the State of Ohio without regard to its conflict of law provisions. You and Physical-Sciences agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Ohio.

GENERAL

These Terms of Use and our Privacy Policy constitute the entire agreement between you and Physical-Sciences with respect to the Website; provided, however, that certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms which may be located on particular pages on the Website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by us. If any provision of these Terms of Use 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 our Terms of Use remain in full force and effect. Your 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 Website or our Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.