Metagenics offers a wide range of educational opportunities including webinars, group meetings, and seminars as part of our commitment to continuing functional medicine education. Our goal is to give our practitioners further insight to help address their patients’ unique health needs for a higher level of personalized, lifetime wellness care. We have been sharing this ever-growing body of nutritional and lifestyle research for over 25 years.
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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 and the services provided on the Web Site (the “Services”). This Web Site is operated by Metagenics LLC (“Metagenics”, “we”, “us”, or “our” ). These Terms of Use constitute a legal agreement between you, the individual using this Web Site (“User” “you”, or “your”), and Metagenics regarding your use of the Web Site.
By creating an account, checking out as a guest, logging into your account, or by browsing, downloading, installing, or otherwise accessing and using this Web Site, you represent that you have read, understand, and agree to be bound by these Terms of Use whether you have read them or not, as updated from time to time. If you do not agree to these Terms of Use, do not access or use this Web Site (including not setting up an account and not utilizing the ”guest checkout function”). Please print a copy of these Terms of Use for your records. Your access to and use of the Web Site is subject to your continued compliance with these Terms of Use and all applicable laws.
Metagenics may modify these Terms of Use at any time.
License and Access
Subject to your compliance with these Terms of Use, 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 (i) any resale or commercial use of any of the Services or their content; (ii) any collection or use of any product listings, descriptions, or prices; (iii) any derivative use of any of the Services or their content; (iv) any downloading, copying, or other use of account information for the benefit of any third party; or (v) any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms 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 and these Terms of Use. The license granted by Metagenics, or its licensors or content providers terminates if you do not comply with these Terms of Use.
Reliance on Information
The information provided in this Web Site may not be construed as medical advice. It is merely for educational purposes and its accuracy is not guaranteed. Please consult with your physician or other healthcare professional regarding any healthcare questions you may have. Also, this Web Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Metagenics’ sole discretion.
Third Parties’ Products, Content & Links (“Third-Party Services”)
Third parties (including, without limitation, your Practitioner or Provider) other than Metagenics operate stores, provide services, and may sell third-party product lines through this Web Site.
Your Practitioner or Provider may operate a platform that is separate from this Web Site but is linked through the Web Site (the “Practitioner Platform”). The Practitioner Platform is provided by your Practitioner and not by Metagenics. The Practitioner Platform may contain content provided or made available by your Practitioner (the “Practitioner Content”) on his or her storefront and may communicate with you through the Practitioner Platform. Metagenics has the right (but not the obligation) to monitor and edit or remove any activity or Practitioner Content. Metagenics assumes no responsibility or liability for any Practitioner Content posted by you or any third party. For the sake of clarity, the Practitioner Platform and the Practitioner Content are Third-Party Services as described in this Section. These Terms of Use will govern your use of a Practitioner Platform.
Third-Party Services are provided for convenience only. 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. Any information, data, opinions, recommendations, products, or services provided by such Third-Party Services, including a Practitioner Platform, 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. Any terms, conditions, warranties, or representations included in the Third-Party Services are solely between you and the relevant providers of the Third-Party Services. Except as otherwise provided for herein, you may not rely on these Terms of Use and/or our Privacy Policy to govern your use of another website or destination.
Metagenics does not endorse, and we expressly disclaim responsibility and liability for, Third-Party Services, including with respect to the content, products, and services provided by the Third-Party Services. Any interactions you have with the Third-Party Services are between you and the operator or owner of such Third-Party Services and you agree that Metagenics is not liable for any damage or loss you may suffer because of any interactions with any such Third-Party Services or any claims that you may have against any such operators or owners of Third-Party Services. You should carefully review their privacy statements and their terms and conditions of use.
Terms of Sale
Eligibility to Purchase Products and Product Description
To make purchases on the Web Site, you must be 18 years of age or older and be lawfully able to enter and form contracts on the internet in accordance with the laws of the State of California. To make purchases on the Web Site, you will be required to provide information about yourself that is true, accurate, current, and complete in all respects, including your name, address, and e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and to confirm that you are the person referred to in the “Billing” information provided. To learn more about how we collect and use your information, please see our Privacy Policy. To make purchases on the Web Site, you will also need to have been issued a valid credit/debit card by a bank acceptable to the payment processor used by Metagenics to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Metagenics products and/or third-party products (together, the “Products”) that you purchase.
Products purchased by you must be for personal use and may not be re-sold or used for commercial purposes or for any other commercial benefit. In addition, Metagenics reserves the right to restrict multiple quantities of a Product from being shipped to any one customer or postal address. Metagenics attempts to be as accurate as possible in its Product descriptions. However, Metagenics does not warrant that Product descriptions or any content or messaging on the Web Site 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 consistent with the Return Section.
Purchases
You may purchase Products on the Web Site or through a Practitioner Platform. If your Practitioner has a Practitioner Platform, you may use the practitioner code provided to you by your Practitioner and purchase through the Practitioner Platform. Any purchase of Products through a Practitioner Platform is a separate transaction between you and your Practitioner. Metagenics is not responsible for the acts or omissions associated with any Practitioner Platform.
When placing an Order through the Web Site, you must follow the instructions on the Web Site as to how to place your Order and for making changes to your Order before you submit it through the Web Site. The purchase of Products on this Web Site is subject to availability. When you submit an Order, you agree that you are expressly subject to these Terms of Use at the date you submitted the Order. You are responsible for reviewing the latest Terms of Use each time you submit an Order.
Once you place an Order, you will receive an e-mail acknowledging the details of your Order, including a reference number for your Order. The acknowledgement may contain an estimated shipping or delivery time as well as other relevant information as deemed necessary and appropriate by Metagenics.
All Orders are subject to the Satisfaction Guarantee Policy. For more information, please see our Satisfaction Guarantee Policy.
We may, in our discretion, refuse to accept an Order from you for any reason, including if (i) we are unable to obtain authorization for payment, (ii) shipping restrictions apply to a particular item, (iii) the Product(s) you order are out of stock or do not satisfy our quality control standards or are withdrawn or (iv) you do not meet the eligibility criteria set out in these Terms of Use. We will not be liable to you or any third party by reason of our withdrawing any Product(s) from the Services, including, without limitation (x) the Product(s) having been sold, (y) removing, screening, or editing any materials or content on the Services, (z) refusing to process a transaction, or (w) unwinding or suspending any transaction after processing has begun.
Payment & Billing
By providing a credit card or other payment method that our third-party payment processor (the “Payment Processor”) accepts, you represent and warrant that you are authorized to use your chosen payment method and that you authorize us (or the Payment Processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (together, as applicable, an “Order”). If your payment method cannot be verified, is rejected, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled without further obligation from Metagenics. It is your responsibility to resolve any problem we encounter with your payment to proceed with your Order.
Any additional payment terms presented or made known to you in association with your Order are deemed part of these Terms of Use. You acknowledge that the amount billed may vary due to promotional offers, or changes in applicable taxes or other charges, and you authorize us (or our Payment Processor) to charge your payment method for the corresponding amount.
We use the Payment Processor to bill you through a payment account to process payment for your Order. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Use. We are not responsible for errors by the Payment Processor. By choosing to complete your Order, you agree to pay Metagenics, through the Payment Processor, all charges associated with your Order, and you authorize us, through the Payment Processor, to charge your chosen payment provider. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Coupons, Promotional Codes and Sweepstakes
Coupons and promotional codes may be provided to you and are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish, or otherwise share coupons and promotional codes unless expressly allowed to do so. Metagenics may cancel any order when it has reason to believe that any coupon or promotional code is being used by someone other than the intended recipient or in the case of suspected abuse, misuse, or fraud. Metagenics reserves the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time, in its sole discretion. Coupon codes and promotional codes are not valid on prior purchases.
Any sweepstakes, contests, or other promotions (each, a "Promotion") that may be offered via the Web Site may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Generated Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
Sales Taxes
You are responsible for all sales, use, transaction, privilege, gross receipts, excise, or similar transaction taxes (together, “Sales Taxes”) related to any Products or other items you purchase. Metagenics will typically collect Sales Tax at the time of sale and will either (1) remit Sales Taxes to the taxing authority directly or (2) remit the Sales Taxes to the Practitioners who will then remit Sales Taxes to the taxing authority. However, you agree that Metagenics retains the right to collect subsequent payment from you of Sales Taxes, including if a taxing authority asserts that Sales Tax is due with respect to a Product for which no Sales Tax was originally collected or Sales Tax was under-collected by Metagenics. You agree that you will not assert or participate in any class action against Metagenics related to Sales Taxes.
Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you submit your Order. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time. We will provide notice of the charges applicable to you before you complete your Order. Shipping is handled by a third-party carrier. When you complete an Order, any shipping times shown on the Web Site are estimates only. Actual delivery dates may vary. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. You are responsible for inspecting your Order for any damage or other issues upon delivery.
Automatic Re-Orders (“AROs”)
Subscriptions are convenient, and they help you save both time and money. Choosing the subscription program option will help ensure that you don’t run out of your supplements, as refills are automatically shipped to you at the frequency you select.
By entering into a subscription program, you request the supply of the selected Products by Metagenics in accordance with the subscription plan, at the frequency you have chosen, and you agree to these terms.
If you have an Account, you may choose from among the following frequencies: monthly, once every 45 days, every two months, every three months, or on a specified billing date each month. AROs may be easily modified online by logging into your Account, making your desired changes, and agreeing to any additional terms and conditions. Subscriptions will continue until cancelled. You must cancel at least twenty-four (24) hours before your next Order is placed to avoid being charged. If you choose to cancel or make changes when there are fewer than twenty-four (24) hours prior to the scheduled processing date, those changes may not be effective in time for the pending shipment. To cancel, log in to your Account and go to Manage Subscriptions and then click cancel on the subscription you wish to cancel.
If you have any questions, including questions regarding how to cancel, please call Metagenics Customer Service at (800) 692-9400.
All AROs are subject to the Metagenics’ Satisfaction Guarantee Policy.
Satisfaction Guarantee
For more information about Metagenics’ Satisfaction Guarantee and how to request a refund or replacement product, please see our Satisfaction Guarantee Policy.
User Generated Content
If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit, or otherwise post reviews, ratings, comments, feedback, or other materials on the Web Site (“User Generated Material”) that may be accessible and viewable by the public. This Section applies to User Generated Material submitted through a Practitioner Platform as well as User Generated Material submitted through the Web Site.
With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms of Use or any of our other posted policies.
User Generated Material must not:
Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or otherwise offensive, inappropriate, damaging, unlawful, disruptive, or harmful;
Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate, or assist any illegal activity or unlawful act;
Create or threaten harm to any person or loss or damage to any property;
Include your or other people’s personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Metagenics or any other person;
Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
Misrepresent your identity or affiliation with any person or organization, including Metagenics;
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
Seek to transmit chain letters, bulk, or junk e-mail, whether automated or not, or interfere with, disrupt, or create an undue burden on Metagenics or the networks or services connected to the Web Site or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties;
Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
Be otherwise objectionable or non-family friendly as determined by Metagenics at its sole discretion.
We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, nonexclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control: (i) to use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Web Site.
We may refuse, alter, or remove User Generated Material without notice for any reason at our sole discretion, including our belief that User Generated Material may violate these Terms of Use or be otherwise objectionable. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify, and store all User Generated Material posted on the Web Site, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms of Use. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views, or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Web Site, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Web Site and your interactions with other users.
If you believe that any User Generated Material infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
(a) A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
(b) The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
(c) Your name, mailing address, telephone number, and email address;
(d) The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
(f) A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Address: Metagenics LLC. 25 Enterprise, Suite 200, Aliso Viejo, CA 92656
Phone: 949.369.3337
Metagenics will block or mute users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by Metagenics or the alleged infringer.
Notwithstanding our rules about User Generated Material, you may be exposed to content on the Web Site that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility for, and expressly disclaim any liability related in any way to, your exposure to User Generated Material on the Web Site, whether it violates these Terms of Use or not.
If and to the extent that we elect to accept User Generated Material it may be made publicly available by Metagenics as we deem necessary and/or appropriate. Please carefully choose the information you post on the Web Site and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. Further, User Generated Content should not contain any language that suggests a Product, or its ingredients prevent, cure, or treat a disease or medical condition. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site, and, to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Web Site and from any claims related to the conduct of any other users.
Changes to the Services
To the extent allowed under applicable laws and regulations, we may change the Service at any time and without notice to you. Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trademarks, functionalities, products and services and any other material displayed on, offered through, or contained within the Services.
Age of Majority
You may only use this Web Site if you are of the age of majority in the jurisdiction in which you reside. To register for an account, to purchase Products via the Web Site, or to subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over.
Accounts
You may create an account by providing us with your name and e-mail address (an “Account”). If you order Products or subscribe to a Subscription, we will need your physical address for shipping. Users who have created an Account (“Registered Users”) are able to access their accounts through the “Log In” portion of the Web Site and to manage their email address and shipping addresses and view their existing or past Orders. An Account is not required to receive Content or other marketing information or to submit an Order to purchase Products that may be listed on the Web Site. To learn more about how we collect and use your information, please see our Privacy Policy.
By creating an Account, you agree: (a) that you are able to, and have the appropriate authority and authorization to, create a binding agreement with Metagenics; (b) to provide true, accurate, current, and complete information about yourself when we request it; (c) to maintain and promptly update this information to keep it true, accurate, current, and complete, to the extent the Service permits such updates; and (d) to use limited-access portions of the Web Site only using access credentials that we have issued to you. Metagenics reserves the right to refuse service, to terminate Accounts, to remove or edit content, and to cancel Orders, in its sole discretion. If you have previously had your access to or use of the Web Site terminated by us, you may not access or use the Web Site under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. Your Account is individual to you and must not be shared with other individuals or third parties. You must notify us immediately of any breach of security or unauthorized use of your Account by contacting use at [email protected]. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your Account. Metagenics will not be liable for any losses caused by any unauthorized use of your Account.
Metagenics reserves the right, in its sole discretion, to terminate your access to the Web Site or any portion thereof at any time, without notice. If you are on an ARO, we will provide you written notice and you may terminate your ARO as described in the ARO Section. You may terminate your Account at any time by notifying us at (800) 692-9400 or you may unsubscribe to an email communication by clicking the “Unsubscribe” link at the bottom of the email. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further marketing communications from us unless and until you re-register for marketing communications. Note that you may also manage your marketing communication preferences you receive from us within your Account. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Web Site, and termination of your Account.
Guest Check-Out
You may purchase Products from the Services without registering for an Account and without becoming a Registered User. Certain features of the Services may not be available to you as a guest and without creating an Account.
By submitting your email address, you agree that Metagenics may use your email address to contact you about your Order and to send you marketing materials, all in accordance with our Privacy Policy.
Medical, Nutrition and Fitness Information
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL CONTENT, including, without limitation, MEDICAL OR NUTRITION INFORMATION PROVIDED ON THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY METAGENICS OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SERVICES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS OR MEDICAL FOODS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT AVAILABLE THROUGH OR VIA THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL-PATIENT RELATIONSHIP BETWEEN YOU AND METAGENICS, ITS AFFILIATES OR ANY THIRD PARTY.
Privacy
For information on how Metagenics collects, uses and protects the personal information you may provide on this Web Site, please read the Privacy Policy.
Intellectual Property
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, trademark, 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; if you maintain all copyright and other notices contained in such Materials. You may only use the Web Site in a manner consistent with these Terms of Use, and applicable federal, state, local and international laws, rules, and regulations. 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. All rights not expressly granted to you in these Terms of Use are reserved and retained by Metagenics. The licenses granted by Metagenics herein terminate if you do not comply with these Terms of Use.
By using the Web Site, you represent that you are not a person barred from using the Web Site under the laws, rules and regulations of the United States, your place of residence, or any other applicable jurisdiction. No other rights, assignment, licenses, or legal relationship of any nature, including, without limitation, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Web Site unless expressly provided in these Terms of Use.
Disclaimer of Warranties
THE LAWS OF CERTAIN STATES 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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 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. EXCEPT TO THE EXTENT SUCH WARRANTIES ARE IMPOSED BY APPLICABLE LAW, 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. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 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 AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, DURABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. METAGENICS DOES NOT WARRANT THAT THE SERVICES, OR THE 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.
Indemnity
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; (b) your use of the Services; 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.
Limitation of Liability
THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE AS A PART OF THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF METAGENICS. METAGENICS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH THIRD-PARTY’S PRODUCTS AND/OR SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 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, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF METAGENICS HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SERVICES, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF METAGENICS AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Metagenics total cumulative liability under these Terms of Use or the provision of the Services exceed fifty dollars ($50.00). IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED.
YOU WAIVE, AND AGREE TO HOLD HARMLESS METAGENICS AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM, ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. METAGENICS MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SERVICES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SERVICES FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
Disputes
To the fullest extent permissible by applicable law, 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.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION AS WELL.
Applicable Law
To the fullest extent permissible by applicable law, 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 of Use and any dispute that might arise between you and Metagenics.
Other Policies; Modification; Severability
Please review the Metagenics policies posted on the Web Site. These policies also apply to your use of the Services. To the fullest extent permissible by applicable law, Metagenics reserves the right to make changes to the Web Site, our policies, and these Terms 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.
Changes to these Terms of Use
Metagenics may at any time modify these Terms of Use.
If you are a Registered User and 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 your 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 must cease using the Web Site.
For users of this Web Site who 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 your acceptance of such modified Terms of Use. If you do not agree to any such modifications, you must immediately cease accessing and using the Web Site. You acknowledge and agree that it is your responsibility to review the Terms of Use each time you access this Web Site.
Termination
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; Changes to the Services; Age of Majority; Accounts; Intellectual Property (provided that your license will terminate upon termination); Disclaimer of Warranties; Indemnity; Limitation of Liability; Applicable Law; Severability, Termination; and Entire Agreement will survive the termination of your right to use this Web Site.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Metagenics with respect to your use of the Services and will supersede all previous agreements, understandings and representations relating thereto.
Contact
You may contact us at: (800) 692-9400
Terms of Use
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 and the services provided on the Web Site (the “Services”). This Web Site is operated by Metagenics LLC (“Metagenics”, “we”, “us”, or “our” ). These Terms of Use constitute a legal agreement between you, the individual using this Web Site (“User” “you”, or “your”), and Metagenics regarding your use of the Web Site.
By creating an account, checking out as a guest, logging into your account, or by browsing, downloading, installing, or otherwise accessing and using this Web Site, you represent that you have read, understand, and agree to be bound by these Terms of Use whether you have read them or not, as updated from time to time. If you do not agree to these Terms of Use, do not access or use this Web Site (including not setting up an account and not utilizing the ”guest checkout function”). Please print a copy of these Terms of Use for your records. Your access to and use of the Web Site is subject to your continued compliance with these Terms of Use and all applicable laws.
Metagenics may modify these Terms of Use at any time.
License and Access
Subject to your compliance with these Terms of Use, 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 (i) any resale or commercial use of any of the Services or their content; (ii) any collection or use of any product listings, descriptions, or prices; (iii) any derivative use of any of the Services or their content; (iv) any downloading, copying, or other use of account information for the benefit of any third party; or (v) any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms 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 and these Terms of Use. The license granted by Metagenics, or its licensors or content providers terminates if you do not comply with these Terms of Use.
Reliance on Information
The information provided in this Web Site may not be construed as medical advice. It is merely for educational purposes and its accuracy is not guaranteed. Please consult with your physician or other healthcare professional regarding any healthcare questions you may have. Also, this Web Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Metagenics’ sole discretion.
Third Parties’ Products, Content & Links (“Third-Party Services”)
Third parties (including, without limitation, your Practitioner or Provider) other than Metagenics operate stores, provide services, and may sell third-party product lines through this Web Site.
Your Practitioner or Provider may operate a platform that is separate from this Web Site but is linked through the Web Site (the “Practitioner Platform”). The Practitioner Platform is provided by your Practitioner and not by Metagenics. The Practitioner Platform may contain content provided or made available by your Practitioner (the “Practitioner Content”) on his or her storefront and may communicate with you through the Practitioner Platform. Metagenics has the right (but not the obligation) to monitor and edit or remove any activity or Practitioner Content. Metagenics assumes no responsibility or liability for any Practitioner Content posted by you or any third party. For the sake of clarity, the Practitioner Platform and the Practitioner Content are Third-Party Services as described in this Section. These Terms of Use will govern your use of a Practitioner Platform.
Third-Party Services are provided for convenience only. 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. Any information, data, opinions, recommendations, products, or services provided by such Third-Party Services, including a Practitioner Platform, 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. Any terms, conditions, warranties, or representations included in the Third-Party Services are solely between you and the relevant providers of the Third-Party Services. Except as otherwise provided for herein, you may not rely on these Terms of Use and/or our Privacy Policy to govern your use of another website or destination.
Metagenics does not endorse, and we expressly disclaim responsibility and liability for, Third-Party Services, including with respect to the content, products, and services provided by the Third-Party Services. Any interactions you have with the Third-Party Services are between you and the operator or owner of such Third-Party Services and you agree that Metagenics is not liable for any damage or loss you may suffer because of any interactions with any such Third-Party Services or any claims that you may have against any such operators or owners of Third-Party Services. You should carefully review their privacy statements and their terms and conditions of use.
Terms of Sale
Eligibility to Purchase Products and Product Description
To make purchases on the Web Site, you must be 18 years of age or older and be lawfully able to enter and form contracts on the internet in accordance with the laws of the State of California. To make purchases on the Web Site, you will be required to provide information about yourself that is true, accurate, current, and complete in all respects, including your name, address, and e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and to confirm that you are the person referred to in the “Billing” information provided. To learn more about how we collect and use your information, please see our Privacy Policy. To make purchases on the Web Site, you will also need to have been issued a valid credit/debit card by a bank acceptable to the payment processor used by Metagenics to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Metagenics products and/or third-party products (together, the “Products”) that you purchase.
Products purchased by you must be for personal use and may not be re-sold or used for commercial purposes or for any other commercial benefit. In addition, Metagenics reserves the right to restrict multiple quantities of a Product from being shipped to any one customer or postal address. Metagenics attempts to be as accurate as possible in its Product descriptions. However, Metagenics does not warrant that Product descriptions or any content or messaging on the Web Site 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 consistent with the Return Section.
Purchases
You may purchase Products on the Web Site or through a Practitioner Platform. If your Practitioner has a Practitioner Platform, you may use the practitioner code provided to you by your Practitioner and purchase through the Practitioner Platform. Any purchase of Products through a Practitioner Platform is a separate transaction between you and your Practitioner. Metagenics is not responsible for the acts or omissions associated with any Practitioner Platform.
When placing an Order through the Web Site, you must follow the instructions on the Web Site as to how to place your Order and for making changes to your Order before you submit it through the Web Site. The purchase of Products on this Web Site is subject to availability. When you submit an Order, you agree that you are expressly subject to these Terms of Use at the date you submitted the Order. You are responsible for reviewing the latest Terms of Use each time you submit an Order.
Once you place an Order, you will receive an e-mail acknowledging the details of your Order, including a reference number for your Order. The acknowledgement may contain an estimated shipping or delivery time as well as other relevant information as deemed necessary and appropriate by Metagenics.
All Orders are subject to the Satisfaction Guarantee Policy. For more information, please see our Satisfaction Guarantee Policy.
We may, in our discretion, refuse to accept an Order from you for any reason, including if (i) we are unable to obtain authorization for payment, (ii) shipping restrictions apply to a particular item, (iii) the Product(s) you order are out of stock or do not satisfy our quality control standards or are withdrawn or (iv) you do not meet the eligibility criteria set out in these Terms of Use. We will not be liable to you or any third party by reason of our withdrawing any Product(s) from the Services, including, without limitation (x) the Product(s) having been sold, (y) removing, screening, or editing any materials or content on the Services, (z) refusing to process a transaction, or (w) unwinding or suspending any transaction after processing has begun.
Payment & Billing
By providing a credit card or other payment method that our third-party payment processor (the “Payment Processor”) accepts, you represent and warrant that you are authorized to use your chosen payment method and that you authorize us (or the Payment Processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (together, as applicable, an “Order”). If your payment method cannot be verified, is rejected, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled without further obligation from Metagenics. It is your responsibility to resolve any problem we encounter with your payment to proceed with your Order.
Any additional payment terms presented or made known to you in association with your Order are deemed part of these Terms of Use. You acknowledge that the amount billed may vary due to promotional offers, or changes in applicable taxes or other charges, and you authorize us (or our Payment Processor) to charge your payment method for the corresponding amount.
We use the Payment Processor to bill you through a payment account to process payment for your Order. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Use. We are not responsible for errors by the Payment Processor. By choosing to complete your Order, you agree to pay Metagenics, through the Payment Processor, all charges associated with your Order, and you authorize us, through the Payment Processor, to charge your chosen payment provider. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Coupons, Promotional Codes and Sweepstakes
Coupons and promotional codes may be provided to you and are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish, or otherwise share coupons and promotional codes unless expressly allowed to do so. Metagenics may cancel any order when it has reason to believe that any coupon or promotional code is being used by someone other than the intended recipient or in the case of suspected abuse, misuse, or fraud. Metagenics reserves the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time, in its sole discretion. Coupon codes and promotional codes are not valid on prior purchases.
Any sweepstakes, contests, or other promotions (each, a "Promotion") that may be offered via the Web Site may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Generated Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
Sales Taxes
You are responsible for all sales, use, transaction, privilege, gross receipts, excise, or similar transaction taxes (together, “Sales Taxes”) related to any Products or other items you purchase. Metagenics will typically collect Sales Tax at the time of sale and will either (1) remit Sales Taxes to the taxing authority directly or (2) remit the Sales Taxes to the Practitioners who will then remit Sales Taxes to the taxing authority. However, you agree that Metagenics retains the right to collect subsequent payment from you of Sales Taxes, including if a taxing authority asserts that Sales Tax is due with respect to a Product for which no Sales Tax was originally collected or Sales Tax was under-collected by Metagenics. You agree that you will not assert or participate in any class action against Metagenics related to Sales Taxes.
Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you submit your Order. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time. We will provide notice of the charges applicable to you before you complete your Order. Shipping is handled by a third-party carrier. When you complete an Order, any shipping times shown on the Web Site are estimates only. Actual delivery dates may vary. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. You are responsible for inspecting your Order for any damage or other issues upon delivery.
Automatic Re-Orders (“AROs”)
Subscriptions are convenient, and they help you save both time and money. Choosing the subscription program option will help ensure that you don’t run out of your supplements, as refills are automatically shipped to you at the frequency you select.
By entering into a subscription program, you request the supply of the selected Products by Metagenics in accordance with the subscription plan, at the frequency you have chosen, and you agree to these terms.
If you have an Account, you may choose from among the following frequencies: monthly, once every 45 days, every two months, every three months, or on a specified billing date each month. AROs may be easily modified online by logging into your Account, making your desired changes, and agreeing to any additional terms and conditions. Subscriptions will continue until cancelled. You must cancel at least twenty-four (24) hours before your next Order is placed to avoid being charged. If you choose to cancel or make changes when there are fewer than twenty-four (24) hours prior to the scheduled processing date, those changes may not be effective in time for the pending shipment. To cancel, log in to your Account and go to Manage Subscriptions and then click cancel on the subscription you wish to cancel.
If you have any questions, including questions regarding how to cancel, please call Metagenics Customer Service at (800) 692-9400.
All AROs are subject to the Metagenics’ Satisfaction Guarantee Policy.
Satisfaction Guarantee
For more information about Metagenics’ Satisfaction Guarantee and how to request a refund or replacement product, please see our Satisfaction Guarantee Policy.
User Generated Content
If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit, or otherwise post reviews, ratings, comments, feedback, or other materials on the Web Site (“User Generated Material”) that may be accessible and viewable by the public. This Section applies to User Generated Material submitted through a Practitioner Platform as well as User Generated Material submitted through the Web Site.
With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms of Use or any of our other posted policies.
User Generated Material must not:
Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or otherwise offensive, inappropriate, damaging, unlawful, disruptive, or harmful;
Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate, or assist any illegal activity or unlawful act;
Create or threaten harm to any person or loss or damage to any property;
Include your or other people’s personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Metagenics or any other person;
Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
Misrepresent your identity or affiliation with any person or organization, including Metagenics;
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
Seek to transmit chain letters, bulk, or junk e-mail, whether automated or not, or interfere with, disrupt, or create an undue burden on Metagenics or the networks or services connected to the Web Site or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties;
Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
Be otherwise objectionable or non-family friendly as determined by Metagenics at its sole discretion.
We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, nonexclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control: (i) to use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Web Site.
We may refuse, alter, or remove User Generated Material without notice for any reason at our sole discretion, including our belief that User Generated Material may violate these Terms of Use or be otherwise objectionable. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify, and store all User Generated Material posted on the Web Site, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms of Use. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views, or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Web Site, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Web Site and your interactions with other users.
If you believe that any User Generated Material infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
(a) A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
(b) The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
(c) Your name, mailing address, telephone number, and email address;
(d) The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
(f) A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Address: Metagenics LLC. 25 Enterprise, Suite 200, Aliso Viejo, CA 92656
Phone: 949.369.3337
Metagenics will block or mute users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by Metagenics or the alleged infringer.
Notwithstanding our rules about User Generated Material, you may be exposed to content on the Web Site that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility for, and expressly disclaim any liability related in any way to, your exposure to User Generated Material on the Web Site, whether it violates these Terms of Use or not.
If and to the extent that we elect to accept User Generated Material it may be made publicly available by Metagenics as we deem necessary and/or appropriate. Please carefully choose the information you post on the Web Site and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. Further, User Generated Content should not contain any language that suggests a Product, or its ingredients prevent, cure, or treat a disease or medical condition. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site, and, to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Web Site and from any claims related to the conduct of any other users.
Changes to the Services
To the extent allowed under applicable laws and regulations, we may change the Service at any time and without notice to you. Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trademarks, functionalities, products and services and any other material displayed on, offered through, or contained within the Services.
Age of Majority
You may only use this Web Site if you are of the age of majority in the jurisdiction in which you reside. To register for an account, to purchase Products via the Web Site, or to subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over.
Accounts
You may create an account by providing us with your name and e-mail address (an “Account”). If you order Products or subscribe to a Subscription, we will need your physical address for shipping. Users who have created an Account (“Registered Users”) are able to access their accounts through the “Log In” portion of the Web Site and to manage their email address and shipping addresses and view their existing or past Orders. An Account is not required to receive Content or other marketing information or to submit an Order to purchase Products that may be listed on the Web Site. To learn more about how we collect and use your information, please see our Privacy Policy.
By creating an Account, you agree: (a) that you are able to, and have the appropriate authority and authorization to, create a binding agreement with Metagenics; (b) to provide true, accurate, current, and complete information about yourself when we request it; (c) to maintain and promptly update this information to keep it true, accurate, current, and complete, to the extent the Service permits such updates; and (d) to use limited-access portions of the Web Site only using access credentials that we have issued to you. Metagenics reserves the right to refuse service, to terminate Accounts, to remove or edit content, and to cancel Orders, in its sole discretion. If you have previously had your access to or use of the Web Site terminated by us, you may not access or use the Web Site under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. Your Account is individual to you and must not be shared with other individuals or third parties. You must notify us immediately of any breach of security or unauthorized use of your Account by contacting use at [email protected]. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your Account. Metagenics will not be liable for any losses caused by any unauthorized use of your Account.
Metagenics reserves the right, in its sole discretion, to terminate your access to the Web Site or any portion thereof at any time, without notice. If you are on an ARO, we will provide you written notice and you may terminate your ARO as described in the ARO Section. You may terminate your Account at any time by notifying us at (800) 692-9400 or you may unsubscribe to an email communication by clicking the “Unsubscribe” link at the bottom of the email. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further marketing communications from us unless and until you re-register for marketing communications. Note that you may also manage your marketing communication preferences you receive from us within your Account. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Web Site, and termination of your Account.
Guest Check-Out
You may purchase Products from the Services without registering for an Account and without becoming a Registered User. Certain features of the Services may not be available to you as a guest and without creating an Account.
By submitting your email address, you agree that Metagenics may use your email address to contact you about your Order and to send you marketing materials, all in accordance with our Privacy Policy.
Medical, Nutrition and Fitness Information
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL CONTENT, including, without limitation, MEDICAL OR NUTRITION INFORMATION PROVIDED ON THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY METAGENICS OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SERVICES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS OR MEDICAL FOODS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT AVAILABLE THROUGH OR VIA THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL-PATIENT RELATIONSHIP BETWEEN YOU AND METAGENICS, ITS AFFILIATES OR ANY THIRD PARTY.
Privacy
For information on how Metagenics collects, uses and protects the personal information you may provide on this Web Site, please read the Privacy Policy.
Intellectual Property
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, trademark, 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; if you maintain all copyright and other notices contained in such Materials. You may only use the Web Site in a manner consistent with these Terms of Use, and applicable federal, state, local and international laws, rules, and regulations. 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. All rights not expressly granted to you in these Terms of Use are reserved and retained by Metagenics. The licenses granted by Metagenics herein terminate if you do not comply with these Terms of Use.
By using the Web Site, you represent that you are not a person barred from using the Web Site under the laws, rules and regulations of the United States, your place of residence, or any other applicable jurisdiction. No other rights, assignment, licenses, or legal relationship of any nature, including, without limitation, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Web Site unless expressly provided in these Terms of Use.
Disclaimer of Warranties
THE LAWS OF CERTAIN STATES 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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 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. EXCEPT TO THE EXTENT SUCH WARRANTIES ARE IMPOSED BY APPLICABLE LAW, 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. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 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 AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, DURABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. METAGENICS DOES NOT WARRANT THAT THE SERVICES, OR THE 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.
Indemnity
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; (b) your use of the Services; 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.
Limitation of Liability
THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE AS A PART OF THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF METAGENICS. METAGENICS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH THIRD-PARTY’S PRODUCTS AND/OR SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 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, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF METAGENICS HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SERVICES, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF METAGENICS AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Metagenics total cumulative liability under these Terms of Use or the provision of the Services exceed fifty dollars ($50.00). IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED.
YOU WAIVE, AND AGREE TO HOLD HARMLESS METAGENICS AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM, ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. METAGENICS MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SERVICES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SERVICES FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
Disputes
To the fullest extent permissible by applicable law, 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.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION AS WELL.
Applicable Law
To the fullest extent permissible by applicable law, 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 of Use and any dispute that might arise between you and Metagenics.
Other Policies; Modification; Severability
Please review the Metagenics policies posted on the Web Site. These policies also apply to your use of the Services. To the fullest extent permissible by applicable law, Metagenics reserves the right to make changes to the Web Site, our policies, and these Terms 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.
Changes to these Terms of Use
Metagenics may at any time modify these Terms of Use.
If you are a Registered User and 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 your 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 must cease using the Web Site.
For users of this Web Site who 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 your acceptance of such modified Terms of Use. If you do not agree to any such modifications, you must immediately cease accessing and using the Web Site. You acknowledge and agree that it is your responsibility to review the Terms of Use each time you access this Web Site.
Termination
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; Changes to the Services; Age of Majority; Accounts; Intellectual Property (provided that your license will terminate upon termination); Disclaimer of Warranties; Indemnity; Limitation of Liability; Applicable Law; Severability, Termination; and Entire Agreement will survive the termination of your right to use this Web Site.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Metagenics with respect to your use of the Services and will supersede all previous agreements, understandings and representations relating thereto.
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