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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEB SITE AND SETTING UP AN ACCOUNT. These Terms of Use will govern your access and use of this Web Site. This Web Site is operated by Metagenics, Inc. (“Metagenics”). These Terms of Use constitute a legal agreement between you (the individual using this Web Site) and Metagenics. By accessing and using this Web Site, you agree to be bound by these Terms of Use whether or not you have read them. If you do not agree to these Terms of Use, you must not proceed to access or use this Web Site (including setting up an account). Please print a copy of these Terms of Use for your records.
Metagenics may modify these Terms of Use at any time. Please read carefully the heading below regarding “Changes to These Terms of Use”
This Web Site is intended for use by users in the United States of America, and products purchased on this Web Site will only be shipped to American addresses. You may not resell the products purchased on this Web Site.
This Web Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Metagenics' sole discretion.
You have access to purchasing Metagenics products from your practitioner on this Web Site by using the practitioner code provided to you by your practitioner. YOU ACKNOWLDGE AND AGREE THAT THE SELLER OF THE PRODUCTS IS YOUR PRACTITIONER, AND NOT METAGENICS. The purchase of products on this Web Site is subject to availability.
METAGENICS AND ITS AFFILIATES SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU WHATSOEVER IN RESPECT OF SUCH PURCHASES WHICH YOU MAKE FROM YOUR PRACTITIONER.
Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trade-marks, functionalities, products and services and any other material displayed on, offered through or contained on this Site.
You represent and warrant that you are of the age of majority in the jurisdiction in which you reside.
If you use any of the Services, you are responsible for maintaining the confidentiality of your account and your password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or your password. You also agree not to provide your practitioner’s code or the store’s URL to anyone. Metagenics and its practitioners do not sell products to children. Rather, we sell products only to adults, who can make purchases by using a credit card or other permitted payment method. If you are under 18, you may use the Services only with the involvement of a parent or guardian. Metagenics reserves the right to refuse service, to terminate accounts, to remove or edit content, and to cancel orders, in its sole discretion.
Your practitioner may post custom content on his or her storefront and may communicate with you through the Services platform. Metagenics has the right (but not the obligation) to monitor and edit or remove any activity or content. Metagenics assumes no responsibility or liability for any content posted by you or any third party.
Metagenics attempts to be as accurate as possible in its product descriptions. However, Metagenics does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Metagenics is not as described, your sole remedy is to return it in unused condition.
Third parties other than Metagenics operate stores, provide services, and sell third-party product lines through the Services. Metagenics is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their storefronts or offerings. Metagenics has no responsibility or liability for the actions, products, or content of these or any other third parties. You should carefully review their privacy statements and their terms and conditions of use.
This Web Site may contain links or references to third party web sites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Web Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their web sites are solely those of such third parties and not of Metagenics or its affiliates. Your use of such third party web sites is subject to the terms and conditions and the privacy policies of such web sites
For information on how Metagenics collects, uses and protects the personal information you may provide on this Web Site, read the Privacy Policy.
The materials displayed on or contained within this Web Site (the “Materials”) are the property of Metagenics and its licensors and are protected by copyright, trade-mark and other intellectual property laws.
Metagenics hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third party website) or make any other use whatsoever without the express prior written consent of Metagenics. Unless expressly permitted herein, any use of Materials is only permitted with the express written permission of Metagenics and/or its licensors.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY METAGENICS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. METAGENICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, METAGENICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. METAGENICS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, METAGENICS’ SERVERS, OR OTHER ELECTRONIC COMMUNICATIONS SENT FROM METAGENICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. METAGENICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF METAGENICS HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES.
DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
All items purchased on metagenics.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
We each agree that any dispute resolution will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a claim proceeds in court, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any of the Services, you agree that applicable federal law, and the state law of the State of California without regard to its principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute that might arise between you and Metagenics.
You agree to indemnify and hold harmless Metagenics and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of this Site; and (c) any claim or allegation that any content provided by you to Metagenics, including testimonials, infringe the intellectual property or other rights of any third party or applicable laws.
Subject to your compliance with these Terms and Conditions of Use and your payment of any applicable fees, Metagenics or its licensors or content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any of the Services or their content; any collection or use of any product listings, descriptions, or prices; any derivative use of any of the Services or their content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms Conditions of Use are reserved and retained by Metagenics or its licensors and other content providers. None of the Services (or part thereof) may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without the prior express written consent of Metagenics. You may not misuse the Services. You may use the Services only as permitted by law. The license granted by Metagenics or its licensors or content providers terminates if you do not comply with these Terms and Conditions of Use.
By clicking “Accept”, I acknowledge that I have read and I accept these Terms and Conditions.
Please review the other Metagenics policies posted on this site. These policies also apply to your use of the Services. Metagenics reserves the right to make changes to our site, our policies, and these Terms and Conditions of Use at any time. If any one of these policies, terms or conditions should be deemed to be invalid, void, or for any reason unenforceable, that policy, term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining policy, term or condition.
Metagenics may at any time modify these Terms of Use.
If you have an account on this Web Site, Metagenics will provide you notice of such modification via e-mail or mail to the e-mail address or the mailing address associated with your account. Your use of this Web Site following such notice shall be deemed to be acceptance of such modified Terms of Use. If you do not agree to any such modifications, you must immediately contact Metagenics to cancel your account and cease using this Web Site.
For users of this Web Site that have not set up an account, Metagenics will make available the updated Terms of Use on this Web Site. Your access or use of this Web Site following such posting will be deemed to be acceptance of such modified Terms of Use. If you do not agree to any such modifications, you must immediately cease accessing and using this Web Site. You acknowledge and agree that it is your responsibility to review the Terms of Use each time you access this Web Site.
Metagenics may at any time terminate your right to access this Web Site without notice to you.
Provisions of these Terms of Use relating to Geographic Scope; Reliance on Information; Purchases on this Website; Changes to this Web Site; Age of Majority; Accounts; Links; Testimonials; Intellectual Property (provided that your license will terminate upon termination); Disclaimers of Warranties; Limitation of Liability; Indemnity; Applicable Law and Jurisdiction; Severability, Waiver and Assignment; Termination; Language; and Entire Agreement will survive the termination of your right to use this Web Site.
These Terms of Use and the Testimonial Terms and Conditions constitute the entire agreement between you and Metagenics with respect to your use of this Web Site and will supersede all previous agreements, understandings and representations relating thereto.
You may contact Metagenics at: (800) 692-9400
