Terms of Use

PLEASE READ THESE TERMS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS RELATED TO WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, LIMITATIONS ON PERIODS FOR ASSERTING ANY CLAIMS, INDEMNIFICATION, SUBSCRIPTION TO AND PURCHASE OF PRODUCTS, GOVERNING LAW AND DISPUTE RESOLUTION, AMONG OTHERS.

Welcome to the website ("Site") for POSSIBLE® (“POSSIBLE”, "MyPossible", “we”, “us”, or “our”).  These Terms of Use contain the terms and conditions governing your use of the Site and your purchase and use of products made available for sale through the Site, including without limitation the following provisions, which you are encouraged to scroll through and read in their entirety before proceeding with use of the Site:

1.    ACCESS TO THE SITE.

BY ACCESSING, BROWSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AS WELL AS THE CORRESPONDING POSSIBLE PRIVACY POLICY,  WHICH ARE INCORPORATED HEREIN BY REFERENCE AND AVAILABLE HERE BY LINK OR OTHERWISE AVAILABLE THROUGH THE SITE ("POLICIES") AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. The Terms of Use and the Policies are hereafter referred to collectively as the “Terms.” In addition, you hereby represent and certify that you are at least eighteen (18) years of age.

If you do not or cannot agree to the Terms, you are not authorized to use the Site.

2.    CHANGES TO THE SITE.

POSSIBLE reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these Terms as "Revised Terms") shall be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting to the Site. Your continued use of the Site following such notice shall be deemed to conclusively indicate your acceptance of any and all such Revised Terms.

3.    USE OF THE SITE.

In order to use the Site, you must obtain access to the Internet and pay any and all service fees associated with such access.

(a) Individual Use. You agree that you are only authorized to visit, view, print and retain a single copy of pages of the Site for your own internal use and not on behalf of any other person or entities, and that you shall not duplicate, download, publish, modify, or otherwise distribute any material on the Site for any purpose other than for your own internal use unless otherwise specifically authorized by POSSIBLE in writing. POSSIBLE posts legal notices and various credits on pages of the Site, which you shall not remove even in your permitted copies.

(b) Framing. You agree not to create any frames on any other web sites pertaining to or using any of the content located at the Site for any purpose, unless specifically authorized by POSSIBLE in writing to do so.

(c) Security, Cracking, and Hacking. You are prohibited from violating or attempting to violate the security of the Site or any of the servers or other network elements through which the Site operates. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host, or network, including without limitation, by means of submitting a virus to the Site, overloading, "flooding", "mailbombing", or "crashing" the Site. Violations of system or network security may result in civil or criminal liability. POSSIBLE reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.

(d) You Are Responsible For All of Your Activities and All of The Content You Post or Submit. You agree NOT to use the Site for or in connection with any of the following activities:

  • transmitting or relaying spam or other unauthorized or unsolicited communications, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way;
  • using the Site for any fraudulent or illegal purpose or to encourage conduct that would be considered fraudulent or illegal;
  • e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution, or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically, or otherwise objectionable material of any kind;
  • transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise limit, interfere with, or impair a computer's functionality or the operation of the Site or surreptitiously intercept or expropriate any system, data or information related to the Site or any computer hardware, software or other equipment that is owned, leased or used by POSSIBLE;
  • using any robot, spider, scraper or any other automated means or device designed to provide repeated or automated access to the Site for any purpose;
  • attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
  • taking any action that imposes, or may impose (in POSSIBLE’s determination) an unreasonable or disproportionately large volume or capacity load on the Site’s infrastructure;
  • collecting or harvesting any personally identifiable information, except as otherwise permitted by POSSIBLE in writing on a case by case basis;
  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity or identity, conducting fraud, hiding or attempting to hide your identity;
  • allowing any other person to use your username or password for posting or viewing comments or sending or receiving materials;
  • attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; or
  • bypassing the measures we may use to prevent or restrict access to the Site.

 

(e) Information Disclosed via the Site. IN ADDITION TO ANY OTHER DISCLAIMERS PROVIDED IN THE TERMS, ANY INFORMATION DISCLOSED TO YOU VIA THE SITE INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCT RECOMMENDATIONS, PRODUCT DESCRIPTIONS, PRODUCT SAFETY AND/OR EFFECTIVENESS MATERIALS, ARE NOT OFFERED WITH ANY WARRANTY OR REPRESENTATION AS TO ABILITY, ACCURACY, PERFORMANCE, OR SUITABILITY FOR YOUR INTENDED PURPOSE OR COMPLIANCE WITH APPLICABLE LAW. POSSIBLE ASSUMES NO RESPONSIBILITY, AND DISCLAIMS ANY LIABILITY FOR, ANY ILLNESS, OR INJURY RESULTING FROM USING ANY PRODUCTS OR FOLLOWING ANY ADVICE CONTAINED ON THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT USE OF ANY DIETARY SUPPLEMENT PRODUCTS INVOLVES UNFORESEEABLE RISKS AND UNCERTAINTIES, INCLUDING, WITHOUT LIMITATION, THE RISKS OF: (A) INDIVIDUALS' BIOLOGICAL VARIATION AND RESPONSE TO HERBAL/BOTANICAL PRODUCTS; (B) PRODUCT INTERACTIONS WITH OTHER HERBAL AND DRUG INGREDIENTS; AND (C) OTHER HEALTH RISKS AND UNCERTAINTIES. Information on the Site is provided for informational purposes only, does not constitute medical or health-related advice, and is not intended to diagnose, treat, cure or prevent any disease or health problem. You should carefully read all product packaging prior to use.  Statements made on the Site have not been evaluated by the FDA.

(f) Submissions. You may have the option to post information or other content, where applicable, on or through the Site (“Submissions”).  You represent and warrant that any Submissions you post or provide to POSSIBLE by means of the Site, including, without limitation, as part of any feedback, registration or subscription or to gain access to or use any Site offered on the Site, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights, and offered in good faith. All Submissions, regardless of method posted, are your sole responsibility. We cannot guarantee that other users will not misuse the Submissions that you share. If you have any Submissions that you would like to keep confidential and/or do not want others to use, do not post it to the Site. By posting any Submissions on the Site, you hereby grant POSSIBLE a royalty-free, fully paid up, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. Unless otherwise expressly provided, you acknowledge and agree that: any Submissions that you submit to any part of the Site are non-confidential for all purposes. In addition, you represent and warrant that you have all necessary rights to grant POSSIBLE the rights and licenses provided herein. For the avoidance of doubt, POSSIBLE shall have the right to sublicense its rights.

POSSIBLE SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY SUBMISSIONS IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU.

You understand that by using the Site, you may be exposed to Submissions created by others that are offensive, indecent or objectionable. POSSIBLE is not liable for any Submissions created by you or other users of the Site. POSSIBLE does not endorse or have control over the Submissions. We make no representations or warranties, express or implied as to the Submissions or the accuracy and reliability of the Submissions or any other material or information that you may access through the Site. We assume no responsibility for monitoring the Site for inappropriate submissions or conduct. We have no obligation to monitor, modify or remove any inappropriate Submissions. Notwithstanding the foregoing, POSSIBLE and its designees shall have the right to remove any Submissions in whole or in part that violate these Terms or are otherwise objectionable, in our sole discretion.

(g) Do Not Violate Third Party Intellectual Property Rights. Without limiting the foregoing, you shall not, and by using the Site you agree not to use the Site to: (i) transmit or post any Submissions that are copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post any Submissions that reveal trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post any Submissions that infringe on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. The term "Intellectual Property Rights" shall mean, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights. 

(h) Ownership. POSSIBLE puts a lot of content on the Site for you to examine from time to time including, without limitation, text, graphics, photographs, pictures, drawings, animation, audio, video, literature, and any other material distributed by POSSIBLE on, through, or in connection with the Site. Moreover, POSSIBLE attempts to display the content in a way that will be easily accessible and useful for you, the user. Unless otherwise indicated, all content and materials on the Site including, without limitation, text, graphics, logos, button icons, images, audio clips, and software included in the Site and any services offered on the Site, are the property of POSSIBLE, its sponsors, or business affiliates, and/or their respective licensors, and POSSIBLE, its sponsors, business affiliates, and/or their respective licensors retain all  Intellectual Property Rights to such content and materials. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of POSSIBLE and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved to POSSIBLE.

(i) Password and Username. While using the Site, you may have the option to register for an account. If you create an account on the Site by, for example, completing a user registration process, you will be asked to select a username and create a password. It is solely your responsibility to maintain the security of your username and password and you are solely responsible for all activities conducted using your account. You agree that POSSIBLE shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your username and password, including by a third party. You shall not allow any other person to use the Site via your username and password. You agree that you will log out of your account each time you are finished using the Site—i.e., after each session. POSSIBLE may suspend, terminate, modify, or delete any account you may have with the Site at any time for any reason, with or without notice to you. Site

(j) Duty to Notify. You agree to immediately notify POSSIBLE of any unauthorized use of your username or password, any unauthorized use of any online account that you have with POSSIBLE, any violation of these Terms, or any other breach of security known to you in connection with the Site by sending an email to support@possible.com.

(k) Use Outside of the United States. POSSIBLE makes no representation that the materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Site from any territory where its contents are illegal, and that you, and not POSSIBLE, are responsible for compliance with applicable local laws.

(l) Third-Party Sites. The Site may contain links to third party websites on the Internet. POSSIBLE is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms do not govern third party websites, and you should review the privacy policy and terms of use for any website that you visit.  POSSIBLE makes no representations or warranties regarding the security of any information you make available to such websites. POSSIBLE is not liable for any losses or damages incurred as the result of your dealings with such third parties.

(m) Children’s Privacy. Individuals under the age of 18 (“Minors”) are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on or through the Site.

4.    WARRANTY DISCLAIMER.

THE SITE (INCLUDING ALL CONTENT, INFORMATION, MATERIALS AND ACCESS TO THE SITE) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. POSSIBLE DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. POSSIBLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT. ANY RELIANCE ON SITE CONTENT IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, POSSIBLE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, QUALITY, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITE. POSSIBLE DISCLAIMS ANY RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES, THIRD PARTY ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF THIRD PARTY PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. POSSIBLE SHALL NOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES POSSIBLE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 

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5.    LIMITATION OF LIABILITY.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, CIRCUMSTANCES INVOLVING POSSIBLE’S NEGLIGENCE, SHALL POSSIBLE, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS (COLLECTIVELY, THE "POSSIBLE PARTIES") BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE EVEN IF ANY OF THE POSSIBLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGREGATE LIABILITY OF THE POSSIBLE PARTIES SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU TO POSSIBLE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE UPON WHICH YOUR CLAIM AROSE, OR ONE HUNDRED DOLLARS (US $100) IF YOU HAVE NOT PAID ANY SUCH FEES TO POSSIBLE,  REGARDLESS OF WHETHER YOUR CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE.

YOU AGREE TO PROMPTLY NOTIFY POSSIBLE IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY POSSIBLE PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED, BARRED AND RELEASED.

IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIABILITY LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU.

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6.    INDEMNIFICATION.

You shall indemnify, defend, and hold harmless POSSIBLE, its affiliated entities and the foregoing parties’ respective officers, directors, employees, attorneys, consultants, suppliers, vendors, representatives and agents, from and against any and all damages, claims, liabilities, actions, losses and expenses (including, without limitation, attorneys’ fees and costs) arising from or related to (i) your use of the Site or any material, information or other content obtained through the Site, (ii) your violation of the Terms; (iii) your violation of law; or (iv) the infringement by you of any Intellectual Property Rights or any publicity, contract or privacy rights of any person or entity.

7.    TERMINATION.

The Terms are effective as of the first time you use the Site and shall continue until terminated by POSSIBLE. POSSIBLE may terminate, restrict, or suspend all or part of your access to the Site and delete any Submissions, at any time, in its sole discretion, without prior notice to you and without any liability to you.

8.    GOVERNING LAW.

All matters relating to the Site, these Terms or the purchase or use of our products obtained through this Site and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, USA, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).


Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the state or federal courts located in the County of Milwaukee, Wisconsin, USA. You hereby consent to the application of such laws and jurisdiction and waive any and all objections to such laws or exclusive venue or the exercise of jurisdiction over you by such courts.

9.    WAIVER AND SEVERABILITY.

Furthermore, no delay or omission by POSSIBLE to exercise any right or to enforce any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by POSSIBLE. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable. 

10.    FORCE MAJEURE.

We shall not be liable to you or any other party for any delay or failure in performance due to events outside of our reasonable control, including without limitation, acts of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, disruption or outage of third-party communications facilities or networks, labor strike, delays of common carriers, or any other circumstances beyond our reasonable control. 

11.    MOBILE DEVICES.

Some mobile devices may not be capable of accessing the Site in its entirety. POSSIBLE is not responsible or liable for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the Site using any mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device.

12.    PATCHES AND UPDATES.

POSSIBLE may apply patches, updates and modifications to the Site and associated software at any time, and features may change after the application of an update. POSSIBLE may change, modify, suspend, or discontinue any aspect of any feature or service on the Site at any time.  POSSIBLE may also impose limits on certain features or restrict your access to parts or all of the Site and associated software without notice or liability. POSSIBLE makes no representation that a feature, the Site and/or associated software will work on a particular web browser, version of a web browser or device.

13.    COPYRIGHT AGENT FOR CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to the Digital Millennium Copyright Act, POSSIBLE designates the agent below to receive notifications of claimed copyright infringement. If you have reason to believe that material on the Site infringes your copyright, please send a notice by contacting us, using the contact method below, and requesting that the infringing material be removed. The notice must contain the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
  2. A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the Site;
  3. Identification of the allegedly infringing material and where the material is located on the Site;
  4. Your contact information, including your name, address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

 

POSSIBLE’s designated agent for notification is Michael Klinker who may be contacted at:

By Mail:
1200 W. Royal Lee Drive
Palmyra, WI 53156
 
By Phone:
262-495-2122
 
By Fax:
262-495-3193
 
By E-mail:
mklinker@standardprocess.com

Although POSSIBLE reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any or user of the Site, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any offender. 

14.    CONTRACT ELECTRONICALLY.

You agree that the Terms, combined with your act of using the Site and/or the content offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms. 

15.    ENTIRE AGREEMENT.

The Terms constitute the entire agreement between you and POSSIBLE related to your use of the Site. Any prior agreements, representations, statements, or negotiations with respect to the subject matter of the Terms are superseded by the Terms. You have not relied on any representations that may have been made by POSSIBLE related to the Site.

16.    PURCHASE AND USE OF OUR PRODUCTS.

(a) Products, Content, and Specifications. All features, content, specifications, products and prices of products and services described or depicted on or through the Site, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on or through the Site at a particular time does not imply or warrant that these products or services will be available at any time.

(b)  Product Use. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession and use of any products purchased from this Site as well as any use guidelines or requirements provided by POSSIBLE in writing. By placing an order through this Site (“Order”), you represent that the products ordered will be used only in a lawful manner and for the purposes as intended and described by POSSIBLE.  YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU PURCHASE. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND FOR VERIFYING THE SUITABILITY OF ALL PRODUCTS AND THEIR INGREDIENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS FURTHER. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. WE ATTEMPT TO DISPLAY PRODUCT DESCRIPTIONS, INGREDIENT LISTS AND NUTRITIONAL INFORMATION AS ACCURATELY AS POSSIBLE. Failure to follow safe food handling practices may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.

Any medical or health related information provided on the Site or with the products is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider.

(c)  Order Acceptance and Cancellation. You agree that any Order you place to purchase products through this Site is an offer to buy. All Orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any Orders in our sole discretion. After having received your Order, we will provide you with a confirmation of the Order.  Acceptance of your Order will not take place unless and until you have received your order confirmation. You have the option to cancel your Order at any time before we have sent your Order confirmation by calling our Customer Service Department at 262.495.6459.

(d) Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations.

(e) Pricing and Availability. All prices shown via the Site are in U.S. dollars. We will collect applicable sales tax on products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our product offerings and our services and Site, and to adjust prices as we may determine in our sole discretion, at any time and without notice. We will not be able to notify you of changes in any applicable taxes prior to such changes becoming effective. We do not guarantee the availability of products identified on our Site, and we reserve the right to refuse any Order if the applicable products are not available.

(f)  Payment.  Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an Order. You represent and warrant that any credit card information you supply to us is true, correct, and complete and that charges incurred by you will be honored by your credit card company.  By providing a credit card or other payment method that we accept, you further represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur in connection with your Orders, including without limitation any applicable taxes and other charges. You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies, (i) cancel or suspend any undelivered portion of your Orders, (ii) make second and/or subsequent attempts to charge your payment method, and/or (iii) use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method.  However, your failure to do so shall not constitute cancellation of any Order. You can change or update your payment method at any time.

(g) Shipping and Delivery. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time. We reserve the right to use shipping couriers of our choosing. Actual delivery dates may vary. We cannot guarantee delivery times or condition for Orders if the address is incorrectly entered if a change of address is not updated prior to a new Order or if an address is altered while in transit. When placing your Order, please enter your shipping address carefully to ensure accuracy. If you enter the shipping address incorrectly when the order is placed, please contact us immediately for correction. If your Order is returned to us because of an incorrect address provided or refusal of delivery, we reserve the right to charge you for any additional shipping costs and other fees associated with resending your Order.

You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the products you receive. You should always inspect your products upon delivery to confirm that they have not been opened or otherwise damaged. In the unlikely event that products have been opened or significantly damaged upon delivery or you have any other reasonable justification to believe that any product in your delivery is not suitable for consumption, contact us immediately at 262.495.6459. We will respond to your message and direct you on what to do next.

(h) Returns & Refunds. If you would like to request a return or submit a claim due to damaged or defective product, please contact us within 30 days at support@POSSIBLE.com or call us at 262.495.6549. Please note a processing fee may apply to returned products. We reserve the right to grant or deny any refund requests at our discretion.

17.    PRODUCT SUBSCRIPTION PLAN.

(a) Subscribe and Save Subscription Plan. IF YOU DESIRE TO PURCHASE PRODUCTS THROUGH OUR SUBSCRIPTION OPTION, WE WILL AUTOMATICALLY ENROLL YOU IN OUR SUBSCRIPTION PLAN WHEN YOU SELECT THE SUBSCRIPTION OPTION AS MADE AVAILABLE THROUGH THE SITE. If you’ve enrolled in our subscription plan but no longer wish to purchase products from us through the subscription, you should let us know by cancelling your subscription. You will be charged automatically for any products you purchase through our Site utilizing the subscription option at the price set forth on the Site. Prior to the renewal of a subscription selected through our subscription option, you will receive an email 15 days prior to shipment and any charges being processed.

Our subscription service is a recurring order plan administered through Standard Process Inc. which helps us provide delivery of our products to your door.

(b) Automatic Renewal of Subscription. WHEN YOU ARE ENROLLED IN A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) ARE AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS YOU SELECTED FOR THE PRICE OF YOUR CHOSEN PRODUCTS (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOU PURCHASE PRODUCTS THROUGH THE SUBSCRIPTION OPTION, AND (B) YOUR ENROLLMENT IN THE SUBSCRIPTION IS CONTINUOUS UNTIL YOU PAUSE OR CANCEL IT OR WE SUSPEND OR TERMINATE IT. INSTRUCTIONS FOR CANCELING THE SUBCSRIPTION ARE DESCRIBED IN SECTION C BELOW. THE COSTS FOR PRODUCTS PURCHASED THROUGH THE SUBSCRIPTION OPTION WILL BE CONSISTENT WITH PRICING AVAILABLE THROUGH OUR SITE AT THE TIME OF EACH PURCHASE. THE AMOUNT YOU ARE CHARGED MAY VARY DEPENDING ON THE PRODUCTS YOU PURCHASE.

(c) Pause and Cancellation Policy. YOU MAY CANCEL YOUR ENROLLMENT IN A SUBSCRIPTION AT ANY TIME BY CLICKING ON THE ‘CANCEL SUBSCRIPTION’ BUTTON ON THE ‘MANAGE SUSCRIPTIONS’ PAGE.

YOU MAY PAUSE YOUR ENROLLMENT IN THE SUBSCRIPTION FOR ANY NUMBER OF MONTHS BY CLICKING ON THE PAUSE BUTTON AND INDICATING HOW LONG YOU WANT YOUR ENROLLMENT TO BE PAUSED.

(d) Taxes. YOU ARE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO OUR RECEIPT OF YOUR PAUSE OR CANCELLATION MESSAGE.

18.    NOTICE TO NEW JERSEY RESIDENTS.

You may have additional rights protected under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally.  The following provisions in these Terms are not intended to diminish, void or alter your rights under New Jersey law - limitations of liability or exculpation (including, but not limited to limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations or warranties of any type or nature (including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and / or costs and copyright.  In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law shall govern.  

19.    CONTACT.

If you have questions, comments, concerns or feedback regarding these Terms or the Site, please contact POSSIBLE via any of the methods set forth below:

 

  • Via mail:
    Standard Process Inc.
    Attn: General Counsel
    1200 W. Royal Lee Drive
    Palmyra, WI 53156