This Disclaimer Policy (this “Policy”) supplements the Terms and Conditions (with all capitalized terms in this Policy being defined as set forth in such Terms and Conditions unless otherwise expressly defined herein) that apply to the review and access of OBA Materials regarding, and to the ordering, purchase and receipt of Products and Services by Customers at and through the Site(s), as provided by the Site(s)’ proprietor, Franko Pruett Enterprises LLC, an Arizona limited liability company, d/b/a Oil & Bloom Apothecary (“OBA”). If you, as a Customer, do not agree to be bound by this Policy or you otherwise do not fully understand and agree to the terms hereof, please do not order or purchase any Products at or through the Site(s).
1. Not a Pharmacy. Notwithstanding the inclusion of the word “Apothecary” in its trade name, OBA is not a licensed, certified or registered pharmacy, and OBA is not subject to regulation by the Arizona State Board of Pharmacy or any similar regulatory agency with respect to pharmacy and the sale of drugs. OBA is relying on an exemption from such regulation, including without limitation under Arizona Revised Statutes (A.R.S.) § 32-1921(A)(2), which provides that such regulation does not apply to the “sale of nonprescription drugs that are sold at retail in original packages by a person holding a permit issued by the board under this chapter” and that “this chapter does not require a person to hold a board-issued permit to sell only nonprescription drugs at retail in original packages”. OBA in fact sells only nonprescription drugs at retail in original packages and does not in any event or under any circumstances sell drugs at wholesale, participate in any way in the compounding of pharmaceutical products, sell prescription drugs or sell any nonprescription drugs other than in original packaging provided to OBA. Any representation of OBA as a pharmacy or subject to regulation by a pharmacy board is strictly prohibited.
2. Not a Health Care Substitute; Personal Information and Use Only. The Site(s), Site Content, Products, Services and OBA Materials are for personal, information and wellness promotion purposes only and should not be used as a determinant factor in Customer’s or any other person’s physical, mental, psychological, nutritional or emotional health care, health treatment or health maintenance. Except as otherwise expressly disclosed at and through the Site(s) solely in connection with performance of certain Services by a OBA Sub that is a licensed, registered or certified nutritionist, neither OBA, nor any principal, employee, agent or representative of OBA, nor any OBA Sub, is a licensed, registered or certified doctor of medicine, naturopathic physician, homeopathic physician, nurse, pharmacist, physical therapist, psychologist, behavioral health professional, physician assistant, dietitian, nutritionist or other health or health-related professional (collectively, “Health Care Professionals”, and each a “Health Care Professional”). OBA does not and will not direct any Health Care Professional, through the Site(s), Site Content, Products, Services, and OBA Materials, or any of them, or otherwise, and in no event and under no circumstances shall OBA be considered as performing or providing any diagnostic, treatment or prescriptive services that are provided by Health Care Professionals (collectively, “Health Care Services”), including without limitation services regulated by any applicable Medical Board or Board of Naturopathic Medicine, Nursing, Medical Examiners, Pharmacy, Physical Therapy, Psychologist Examiners, Physician Assistants, Homeopathic and Integrated Medicine Examiners, or Behavioral Health Examiners, or the Commission on Dietetic Registration or the Academy of Nutrition and Dietetics. No information provided by or through the Site(s), Site Content, Products, Services, and OBA Materials, or any of them, should ever be considered a substitute for any Health Care Services, and all Customers who potentially need any Health Care Services should consult with one or more appropriate Health Care Professionals. OBA assumes no responsibility whatsoever, and OBA shall not in any event or under any circumstances be liable in relation to, any Customer’s decision concerning Health Care Services and/or Health Care Professionals, including without limitation whether to seek Health Care Services, which Health Care Services to seek, and which Health Care Professionals to utilize. Customer shall remain solely and exclusively responsible for all Customer decisions that in any manner could be considered as related in any way to Customer’s health and the health of others, as either may relate to the Site(s), Site Content, Products, Services, and OBA Materials, or any of them, it being understood, acknowledged and agreed that all such decisions, including without limitation how Customer makes use of the Site(s), Site Content, Products, Services, and OBA Materials, or any of them, are those of Customer and Customer alone, made independently of OBA and any of the OBA Parties, and under no influence whatsoever of OBA, the OBA Parties or the Site(s), Site Content, Products, Services and OBA Materials, or any of them. Any third-party Health Care Professional, including without limitation any OBA Sub who performs and provides certain Services as a licensed, registered or certified nutritionist, shall remain solely, exclusively and independently responsible for compliance with such third party’s professional licensing, registration and certification requirements and shall not under any circumstances be considered as providing any Health Care Services through OBA, it being understood, acknowledged and agreed that in connection therewith, OBA is merely acting as a management services organization, all Health Care Services, if any, are provided exclusively by third-party Health Care Professionals independently contracted by OBA, any responsibility and liability in relation to any Health Care Services is limited to such Health Care Professionals, and any recourse in relation thereto shall exclusively be as to such Health Care Professionals and not as to OBA. Customer shall indemnify and hold harmless OBA and all OBA Parties except for the applicable OBA Sub performing Health Care Services, if any, in relation to the same.
3. Not a Substitute For Prescription Medication. Neither the Products, nor any of them, is necessarily a substitute for drugs that may be prescribed by a Health Care Professional. As with any dietary or herbal supplement, you should advise your Health Care Practitioner of the use of any Product you order and purchase from OBA or at or through the Site(s). If you are nursing, pregnant, or taking other supplements or prescription medications, or if you have a medical condition, you should consult your Health Care Practitioner prior to using any such Product. In any event, Products offered by OBA at or through the Site(s) are not intended for use by persons under the age of 18.
4. FDA Disclaimer. Any and all statements made at or through the Site(s), Site Content or Product Materials, or on the label of any Products, have not been evaluated by the United States Food and Drug Administration or any other regulator of dietary supplements. None of the Products is intended to diagnose, treat, cure or prevent any disease or specific health condition.
5. Reactions to Products. OBA makes no representation or warranty that Customer or any Authorized End User will not have an adverse biological or chemical reaction, including without limitation an allergic reaction, resulting or arising from, or attributable to, use of the Products, or any of them. The Products contain certain chemicals, natural herbs, natural oils and other ingredients that react differently in different bodies. It is Customer’s sole and exclusive responsibility to review, investigate and monitor carefully the listed active and inactive ingredients with respect to the Products, and each of them. If Customer is uncertain as to the impact of any Product, or any Product ingredient, upon Customer’s physical, mental, psychological, nutritional or emotional health, or any potential biological or chemical reactions that might result from any Product, or any Product ingredient, Customer or an applicable Authorized End User should consult with an appropriate Health Care Professional before ordering, purchasing or using any such Product. If after such consultation, Customer or an Authorized End User remains so uncertain, please refrain from ordering, purchasing or using such product. Customer and each Authorized End User does so at Customer and such Authorized End User’s full risk, and Customer hereby releases and discharges OBA and the OBA Parties, and each of them, and shall indemnify and hold each of them harmless, in relation to the same.