Introduction

Welcome to miraiclinical.com. This Terms and Conditions Agreement sets forth the Agreement between Mirai Clinical, LLC. (“miraiclinical.com” or “we”) and each user (“you” or “user” or “customer”) governing the use by you of this site. Please read this Agreement carefully before using this site. By using this site, you signify your assent to this Terms and Conditions Agreement. If you do not agree to the terms and conditions contained in this Terms and Conditions Agreement, you may not access or otherwise use this site. This Agreement applies to any transaction or relationship between the parties, including those related to the use of this website and/or the purchase and sale of merchandise through this website or from Mirai Clinical, LLC. by other means, including email, telephone. Please also read our Privacy and Security Policy Agreement page. This page also governs the use by you of this site, and by using, accessing or ordering from this site you indicate your acceptance of all terms contained therein.

Order Acceptance

By placing your order on our website, you authorize us to charge your credit card for the amount calculated during your order, or as modified by us for the reasons stated below, or modified as a result of your personal request. Please note that there may be certain orders that we are unable to accept, either in full or in part, and must cancel or modify. We reserve the right, at our sole discretion, to refuse, cancel or modify any order for any reason. Some situations that may result in your order being canceled or modified include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; address inaccuracies; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled by us after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Prices & Currency

The prices displayed on this website are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, unless otherwise stated, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Mirai Clinical, LLC. shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will modify your order to the accurate price, may contact you for instructions, or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Items for Resale

Mirai Clinical, LLC. reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Mirai Clinical, LLC. also reserves the right to prohibit sales to dealers.

Not Healthcare Advice

The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding treatment options.

The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging. Information and statements on this website 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 or health condition.

You should not use the information or services on this site, or via other communication with Mirai Clinical, LLC., for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. When you receive an item, carefully read all information provided including labels, warnings, and directions before use. Actual product packaging and materials may contain more and/or different information than shown on this website. You should always speak with your Healthcare Professional before using any skin, hair or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your physician or healthcare professional regarding any interactions between any medication you’re currently taking and nutritional supplements.

Mirai Clinical, LLC. is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any site to which this site links (each a “Linked Site”). You are advised that other sites on the internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Mirai Clinical, LLC. expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site.

Copyright and Trademarks

All website design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of Mirai Clinical, LLC. or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with Mirai Clinical, LLC. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Mirai Clinical, LLC., is strictly prohibited. Mirai Clinical, LLC., and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Mirai Clinical, LLC. or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.

No Warranty – Disclaimer

Mirai Clinical, LLC. is providing this site and its contents on an “as is” basis. Mirai Clinical, LLC.> and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any Linked Site and the uninterrupted and error-free use of this site. Mirai Clinical, LLC. and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Mirai Clinical, LLC. and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Mirai Clinical, LLC. or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any Linked Site is at your sole risk.

Usage

You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Mirai Clinical, LLC.

You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.

You further agree that you will not access our website by any means except through the interface provided by Mirai Clinical, LLC. for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Mirai Clinical, LLC. and its affiliates, are responsible for compliance with applicable local laws.

These terms are effective unless and until terminated by either you or Mirai Clinical, LLC. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Mirai Clinical, LLC. also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in Mirai Clinical, LLC.’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Mirai Clinical, LLC, or its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.

You agree that Mirai Clinical, LLC. may terminate or suspend your access to all or part of this site, without notice, for any conduct that Mirai Clinical, LLC., in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, Mirai Clinical, LLC. or its affiliates.

Limitation of Liability

Mirai Clinical, LLC. AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Mirai Clinical, LLC. AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Notwithstanding the foregoing, the sole and entire maximum liability of Mirai Clinical, LLC. and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Mirai Clinical, LLC. on this site.

You agree to indemnify, defend and hold harmless Mirai Clinical, LLC. and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.

Applicable Law; Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Nevada and further agrees that any cause of action arising from or relating to the use of this site or this Agreement shall be brought exclusively in Federal or State Courts for Nevada, USA.

Severability; Interpretation

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

Entire Agreement

This Agreement constitutes the entire and only Agreement between Mirai Clinical, LLC. and each user of this site with respect to the subject matter of this Agreement and supercedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this Agreement by you.

Changes to Terms and Conditions Agreement

Mirai Clinical, LLC. may, in its sole discretion, amend this Terms and Conditions Agreement from time to time. Please check this Agreement area periodically for changes. Use of this website after any modification implies that you consent to this Agreement as modified.

Miscellaneous

The failure of Mirai Clinical, LLC. or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “No Warranty – Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of Mirai Clinical, LLC. and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

With the prior agreement of Mirai Clinical, LLC., any claim, dispute or controversy arising or concerning this site and/or this Agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration pro brought and held in Nevada, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.

Schedule 1. Terms and Conditions

  1. You are shopping on a merchant’s website (the “Merchant”).
  2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.
  3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:
    1. You are dealing with and providing your information to Passport. Passport may contact you about your order.
    2. If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.
    3. The Merchant remains responsible for handling payment for your order.
    4. Once your payment is processed, ownership in the items will shift from Passport, to you.
    5. Certain addresses will be ineligible for shipment, such as PO box addresses.
    6. Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
    7. If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
    8. You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.
  4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
  5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.
  6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
  7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
  8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.
  9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:
    1. Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
    2. Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.
    3. Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.
    4. Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions.
    5. Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
    6. Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
    7. Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.
    8. Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:
      • (A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:
        • a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
        • a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
        • a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and
      • (B) In relation to the transport of a Product or Products to an address:
        • in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
        • in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.