1. Introduction
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Biogenetix LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3. Restrictions
You are expressly and emphatically restricted from all of the following:
- Publishing, reproducing, or distributing any material from this Website without prior written permission from Biogenetix LLC
- Using this Website in any way that is, or may be, damaging to this Website or to Biogenetix LLC
- Using this Website in any way that impacts user access to this Website
- Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to any person or entity
- Using any automated tools, scrapers, or bots to extract data or content from this Website
- Attempting to gain unauthorized access to any restricted or password-protected areas of this Website
- Publicly disclosing, publishing, or sharing wholesale pricing, discount structures, or any account-specific pricing information obtained through this Website
Certain areas of this Website are restricted from access and Biogenetix LLC may further restrict access to any areas of this Website at any time in its sole discretion. Any user ID and password for this Website are confidential, and you must maintain the confidentiality of such information. Account holders are responsible for all activity conducted under their credentials, including activity performed by authorized staff acting on their behalf. Account credentials may not be shared with or transferred to individuals outside of the account holder’s practice or organization. Biogenetix LLC reserves the right to suspend or terminate any account found to be in violation of these restrictions.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Biogenetix LLC a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights.
Biogenetix LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No Warranties
This Website is provided “as is,” with all faults, and Biogenetix LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as medical, legal, financial, nutritional, or other professional advice.
6. Limitation of Liability
In no event shall Biogenetix LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Biogenetix LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. Indemnification
You hereby indemnify to the fullest extent Biogenetix LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
Biogenetix LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website, you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
10. Assignment
Biogenetix LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Biogenetix LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
12. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Florida, and you submit to the exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.
13. Products & Pricing
All prices are subject to change without notice. Biogenetix LLC is not liable for errors or omissions. All products are formulated specifically for licensed practitioners and are only available for sale to licensed healthcare professionals. The qualification of “practitioner” is an individual who holds a license in a field that qualifies that individual to advise others on nutrition.
Biogenetix LLC shall not be liable for: (i) loss, damage or delay resulting from any cause whatsoever beyond the reasonable control of Biogenetix LLC and (ii) consequential, incidental, punitive or special damages, loss or expense to the licensed practitioner and others for any reason(s) whatsoever.