Last updated: September 27, 2024

Welcome to pabirose.com (the “Website”). The Website is owned and operated by PABIROSE NUTRITIOUS & FIT WORLD, (collectively referred to as “Pabirose”). These Terms of Use (the “Agreement”) apply to your use of and access to the Website, and our health, nutrition and fitness content and related services offered on or through our Website. To make this Agreement easier to read, the Website, and our content and related services are collectively called the “Services.”

PLEASE READ THIS AGREEMENT AND OUR PRIVACY POLICY CAREFULLY BEFORE USING OR ACCESSING THE SERVICES. BY USING OR ACCESSING THE SERVICES (INCLUDING YOUR SUBMISSION OF INFORMATION TO THE WEBSITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Services, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

The Services is offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.

PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF PABIROSE AND OUR OBLIGATIONS RELATING TO THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF PABIROSE’S RESPONSIBILITY.

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.

CHANGES TO AGREEMENT

Pabirose may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the terms and conditions of this Agreement. Your use of the Services after such Amendments has been posted constitutes your agreement with and acceptance of such Amendments.

CHANGES TO SERVICES

Pabirose may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate the Services and any content, services or material offered on or through the Services, for any or no reason, and with or without notice.

YOUR PRIVACY RIGHTS

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy and by using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Please send any privacy concerns regarding the Services to hello@pabirose.com

INTELLECTUAL PROPERTY OWNERSHIP

All information, materials, images, software, photographs, articles, functions, text and other content contained on or offered through the Services (collectively, “Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Pabirose, its licensors or content providers or other third parties. The Services and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Pabirose under the copyright laws of the United States and other countries. Pabirose may change the Services or delete any Content or features of Services at any time, in any way, for any or no reason. Pabirose reserves all rights not expressly granted in and to the Services and the Content.

Unless otherwise noted, Pabirose and all other trademarks, service marks, trade names, and logos displayed on the Services are the trademarks, service marks, trade names, and logos of Pabirose. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Services without the owner’s prior written permission. Unauthorized use of Pabirose and all other trademarks, service marks, trade names, and logos displayed on the Services is strictly prohibited.

Content may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without Pabirose’s prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Website icons, addresses or other means to hyperlink other web sites with any page in the Website.

NO MEDICAL ADVICE

THE SERVICES MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SERVICES DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. PABIROSE IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SERVICES.

USE OF THE SERVICES

In order to bring our users interesting and engaging information on health, wellness and fitness the Content and related information made available through the Services comes from a variety of sources.

Pabirose Content

Pabirose may from time to time (i) receive from third party vendors free products that we review and feature in our Content, and (ii) receive compensation for our review and discussion of the products featured in our Content and for the resulting advertisement and promotion of those products and the companies that sell them.

User Submissions

The Services may offer users the opportunity to post Content on the Services in the form of articles, comments, photographs, videos, artwork, and other materials (collectively, the “User Submissions”). By making a User Submission, you grant to Pabirose an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without payment of compensation or acknowledgement of its source. You further agree that Pabirose is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Pabirose without any monetary or other obligation to you.

You agree not to post on or transmit through the Services any User Submission or other material that:

is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;
is an advertisement or promotion for any product or service that had not been approved in writing by Pabirose;
is false, misleading, or constitutes an unfair or deceptive trade practice;
promotes the use of alcohol, tobacco, or any illegal substance;
constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or
contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.
You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party, and will not be treated as confidential by Pabirose. Pabirose shall have no obligation to store, keep copies of or return any User Submissions. Pabirose further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete or remove any User Submission from the Services that it deems to be in violation of the foregoing requirements.

Without limiting the generality of the foregoing, Pabirose shall have the right to:

Remove or refuse to post any User Submissions for any or no reason in our sole discretion.
Take any action with respect to any User Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Pabirose.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS PABIROSE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Third Party Content

Pabirose may from time to time post Content supplied by third parties and users (collectively “Third-Party Content”). In addition, if you register to receive our free newsletters and e-mails that promote the Services (“Newsletters”), you may receive Newsletters containing Third-Party Content or advertising that was sponsored by third parties.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Pabirose. Pabirose does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.

DISCLAIMERS/LIMITATION OF LIABILITY

BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE BELOW LIMITATIONS MAY NOT APPLY TO YOU.

The use of the Services and the Content is at your own risk. When using the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Pabirose and its suppliers. Accordingly, Pabirose assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.

The Services and the Content are provided on an “as is” basis. PABIROSE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Pabirose, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Services or Pabirose.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Services.
To the fullest extent permitted by applicable law, in no event shall Pabirose, its licensors, its suppliers, or any third parties mentioned on the Services be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Pabirose is advised of the possibility of such damages. Pabirose is not liable for any personal injury, including death, caused by your use or misuse of the Services, Content, or User Submissions. Any claims arising in connection with your use of the Services, any Content, or any User Submissions must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

INDEMNITY

You agree to defend, indemnify, and hold Pabirose, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

THIRD PARTY SITES

Certain links on the Services may lead to other websites, webpages, and resources (“Third-Party Sites”) maintained by third parties over whom Pabirose has no control. Pabirose accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties. Pabirose makes no representation or warranty as to the accuracy or any other aspect of the information on such Third-Party Sites.

NOTICES FOR REPORTING AND MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pabirose respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is located on the Services, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), (“DMCA”) containing the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
A statement that your claim of infringement is based on 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
A statement that the information you have provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content. All notices of claimed infringement shall be sent to Pabirose’s copyright agent, whose contact email is: shahpabna@gmail.com 

COMPLIANCE WITH LAWS

You shall comply with all applicable laws, including, but not limited to, as applicable, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies and recordkeeping requirements.

JURISDICTION, LOCATION, SURVIVAL

You expressly agree that exclusive jurisdiction for any dispute with Pabirose, or in any way relating to your use of the Services, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Pabirose, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Pabirose is based in San Francisco, CA, USA. Pabirose makes no claims that Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Location; Survival, Liability of Pabirose, and its Licensors, User Submissions, Indemnity, Jurisdiction, No Waiver, and Complete Agreement.

COMPLETE AGREEMENT; AMENDMENTS

These Terms of Use, Privacy Policy, and Agreement constitute the entire agreement between you and Pabirose with respect to the use of the Services and Content.

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

TERMINATION

This Agreement is effective unless and until terminated by either you or Pabirose. You may terminate this Agreement at any time by discontinuing use of the Services (subject to the surviving terms set forth herein). Pabirose also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Services, if in Pabirose’s sole discretion you fail to comply with any term or provision of this Agreement.

NO WAIVER

Pabirose’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Pabirose’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Pabirose to exercise or take advantage of any right or remedy that Pabirose has or may have hereunder, operate as a waiver of any right or remedy.

CONTACT INFORMATION

Thank you for your cooperation. We hope you find the Website and Services helpful and convenient to use! Questions or comments regarding this Website and Services, including any reports of non-functioning links, should be email to: hello@gmail.com.