Last updated: June 18, 2021

PLEASE READ THESE TERMS CAREFULLY.  YOUR USE AND INTERACTION WITH OUR WEBSITE OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE OR OUR SERVICE.

Use of Site or Service

Content

Registration

Information about You

Site Security and Conduct

System and Network Security

Links to Other Websites

Intellectual Property Rights

Notification of Claims of Infringement

Representations

Disclaimer of Warranty

Indemnity

Governing Law

Limitation of Liability

Dispute Resolution

Class Action Waiver

Consequences of Violation of Terms

Contact Us

Use of Site or Service

This website (“Site”) and the services provided (“Service”) are maintained and operated by Letco Consumer, LLC, DBA Fourth Power Labs (“Letco,” “Fourth Power,” “FPL,” “us,” “we,” “our,” or “Company”) with its registered office at Corporate Trust Center, 1209 Orange Street, Wilmington, New Castle County, Delaware, 19801, and its corporate office at 460 E. Swedesford Road, Suite 2040, Wayne, Pennsylvania 19087. At Fourth Power Labs, we are unwavering in our belief that the application of hemp-formulated solutions is best guided and managed by medical professionals. With over 25 years of unmatched quality in the pharmaceutical industry, we partner with experts who share our relentless pursuit of Better. Best-in-class formulations created by a team of Ph.D. scientists, driven by hemp industry experts at every stage of the manufacturing process, create a uniquely consistent and pure product. Uncompromising pharmaceutical-grade testing ensures reliable, industry-leading solutions to complement quality care. Our primary focus is our customer, and we offer this Site for you to view information and documents (collectively, “Materials”) and purchase our products. By accessing or browsing this Site or purchasing products from the Site, you indicate your acknowledgment and acceptance of these Terms of Use. If you breach any of the Terms in these Terms of Use (“Terms”), your authorization to use this Site or these Services automatically terminates.

You must be at least 18 years of age to use the Services on this Site. By using this Site, you represent and warrant that (1) you are of legal age to form a binding contract with us and (2) you have read, understand, and agree to be bound by the Terms of Use. If you do not meet all of these requirements, you may not access or use the Site or the Services.

We may revise these Terms of Use at any time, and you agree to be bound by the revised Terms. Any modification will become effective when it is first posted to the Site; the date the Terms were last updated is included at the top of the page. Your continued use or access of the Site following the posting of revised Terms means that you accept and agree to the changes. You are responsible for returning to the Terms of Use from time to time to review the most current terms and conditions. We may notify you by either posting a new version of this Terms of Use, informing visitors on the website that a new version has been posted, or by email to the last known email address on file, if applicable.

Content

The content of this Site is for general information and use only. The information, products, and pricing contained on the Site are subject to change without notice. The statements on this Site and the Services and products we sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the Site have been approved or endorsed by the FDA or any regulatory agency. The products on the Site are not intended to diagnose, treat, cure or prevent any disease. The information on the Site is not intended to be a substitute for medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.

Registration

To access certain Services or purchase products, you may be required to create an account on the Site (“Account”). To use our Site and Services, you must provide correct, current, and complete information. If we believe the information you provide is not accurate, current, or complete, or is an impersonation of someone else, we have the right to refuse access to this Site or any of our Services and terminate or suspend your access at any time, all without prior notice.

Information About You

All information we collect on this Site is subject to our Privacy Policy, available at [insert hyperlink to privacy policy]. By using the Site and Services, you consent to all actions taken by us concerning your information in compliance with the Privacy Policy.

Site Security and Conduct

Any Materials we upload to this Site will be accessible to all users of the Site (“Users”). We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access. Any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, and national laws and regulations and are solely responsible for all acts or omissions that occur under your Account or password. You must protect the confidentiality of your password, and you should change your password periodically. You agree to monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized access or use by minors. You may not share your Account or password with anyone, and you agree to exit from your Account at the end of each session. Further, by way of example and not as a limitation, you agree not to:

  1. Use the Service in connection with chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise)
  2. Harvest or otherwise collect information about others, including email addresses, without their consent
  3. Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message
  4. Transmit through the Service any materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature
  5. Transmit any material that contains viruses, trojan horses, worms, trap doors, back doors, time bombs, netbots, etc. or any other harmful or deleterious programs or scripts
  6. Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service
  7. Interfere with or disrupt networks connected to the Service or violate the regulations, policies, or procedures of such networks
  8. Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service through password mining or any other means
  9. Interfere with another User’s use of the Service

You are responsible for any content you send, submit, publish, post, or transmit in connection with the Site or Services. You may not submit content that: is not your own original creation or that you do not have permission to use; infringes the copyright, trademark, patent right, or other proprietary right of any person; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally-identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive to the Site community, including expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; does not pertain directly to the Site or Services; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of Service to the Site. We may remove any content that violates these Terms of Use or that we determine otherwise not appropriate for the Site at our sole discretion.

Violations of system or network security are prohibited and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. You must take reasonable security precautions considering your use of the Service.

Intellectual Property Rights. The Service and this Site are protected to the maximum extent permitted by copyright and trademark laws and international treaties. This Site and related pages’ content is the copyrighted property of Letco Consumer, LLC or other suppliers credited as the provider. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site or the Service. No materials may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. These Terms of Use permit you to use the Site for your personal, non-commercial use only. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Site or the Service without our prior written consent.

Notification of Claims of Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement at marketing@fourthpower.com.

Please provide the following information:

Identify the material on the Site that you claim is infringing in sufficient detail

Include the specific statement that you have a good faith belief that the disputed use you have identified is not authorized by the copyright owner, its agent, or the law

Include the specific statement in which you declare, under penalty of perjury, that (a) the information you have provided is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner

Your address, telephone number, and email address

Your physical or electronic signature

We will remove the infringing content according to procedures outlined in the Digital Millennium Copyright Act of 1998.

Representations. You represent and warrant that you will not hold us responsible for the quality, safety, or accuracy of the Materials on the Site. We provide no warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. If you know of any relevant errors, inaccuracies, or discrepancies, including pricing discrepancies, please alert us at marketing@fourthpower.com.

Disclaimer of Warranty. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES: (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. YOU USE ANY INFORMATION OR MATERIALS ON THIS WEBSITE ENTIRELY AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES, OR

INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.

Indemnity. You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.

Governing Law. You further consent that all matters relating to the Site and these Terms of Use and any dispute or claim arising therefore or related thereto shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without reference to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware for any disputes arising out of the use of this Site. To the extent allowed by law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two (2) years from the date on which such claim or action arose or accrued.

These Terms of Use and our Privacy Policy constitute the entire agreement between you and us with respect to the Site and Services and supersede all prior proposals, negotiations, conversations, discussions, and agreements between the parties concerning the Site and Services.

If for any reason, a court of competent jurisdiction finds any provision or part of a provision of the Terms of Use unenforceable, that provision shall be enforced to the maximum extent permissible to affect the intent of the Terms. Any remaining provisions of the Terms will continue to be enforced with full effect.

Limitation of Liability. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE; FROM INABILITY TO USE THE SITE OR THE SERVICE; OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF  

THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OUR SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, and some of the foregoing limitations may not apply to you.

Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to the Site, the Services, or these Terms of Use, or the relationship that results from your acceptance of these Terms of Use (a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such a solution, then the Dispute shall be resolved by binding arbitration in Philadelphia, PA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. To the extent permitted by law, any Dispute must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

The parties agree that one (1) arbitrator shall arbitrate the Dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification, or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply. Further, unless both you and we agree in writing otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative

or class proceeding. The expenses of arbitration, including reasonable attorneys’ fees and the arbitrator’s fees and expenses, shall be shared equally by the parties.

Either party may bring a claim related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without posting a bond or other security.

Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms of Use or any disputes between the parties. No arbitration or proceeding will be combined with another without all parties’ prior written consent to all affected arbitrations or proceedings.

Consequences of Violation of Terms. Without notice to you, we may suspend your Service or remove any Materials transmitted via the Site if we discover facts that lead us to reasonably believe you are using the Site or Service in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms.  We may attempt to contact you prior to your suspension; however, prior notification is not assured.

Contact Us. If you have feedback, comments, requests for technical support or wish to cancel your Account, and other communications relating to the Site or Services, please contact us at marketing@fourthpower.com.