Legal Notice / Terms & Conditions
Legal Notice / Terms and Conditions
Terms & Conditions
Important Notice of Health Information
Content found on the Website is for informational purposes only and is not intended serve as medical advice or guidance such as that which you would receive from your physician or other medical provider. The website is not a licensed medical care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
You should always consult a physician before starting or changing a diet program, starting or changing a health or fitness program, or if you have any questions regarding a medical condition. By using this website and/or making a purchase, you represent and warrant that you have received consent from your physician to participate in the programs described on this website.
If you are pregnant, a nursing mother, anorexic, or bulimic, you agree not to participate in this website offer. If you fit into one of these categories and have already purchased, please contact us immediately so we can cancel your order.
The website products do not contain any of the eight major food allergens: milk, eggs, fish, shellfish, tree nuts, wheat, peanuts or soy. If you have an allergy that falls outside the eight major allergens, you are advised to review the ingredient labels and use your own judgment as to whether you should use a particular product.
Acknowledgment and Acceptance of Terms
Your affirmative act of using this website and/or purchasing constitutes your electronic signature to these Terms and Conditions and your consent to enter into agreements with us electronically.
Modifications to the Terms and Conditions
We reserve the right to change, add or delete provisions in these Terms and Conditions at any time. The modified Terms and Conditions will be effective immediately upon posting and by using this website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree with the modified Terms and Conditions, your only remedy is to discontinue using the website.
Modifications to the Contents of the Website
We may change, add to, or discontinue any aspect of the website at any time, in our sole discretion and without prior notice or liability. Such modifications may include restricting a user's right to use the website or the time the website is available to users.
You agree that any restriction of your access to, or use of, the Website may be effected without prior notice and without liability to us.
Restriction on Use of the Website
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited license to access, use and display this website and the material provided herein for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms and Conditions.
You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, for commercial gain or public artistic expression, any of the content of this website, in whole or in part. You have no ownership interest in the content of this website, even if such content is downloaded to your computer.
You may create a hyperlink to the home page of the website so long as the link does not portray the website, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
Eligibility; Use by Minors
Some of the Content on this Website may not be appropriate for children. We recommend children between the ages of 13 and 17 get their parent's or guardian's permission before viewing our Website and a parent or guardian should supervise such use.
You must be 18 years old or the legal age to form a binding contract in your jurisdiction to place an order on this website.
CHILDREN UNDER THE AGE OF 13 SHOULD NOT USE THIS WEBSITE. We do not collect, post or maintain information at our website from those we actually know are under 13. In the event we learn we have collected personal information from a child under 13, we will delete that information as soon as reasonably practicable.
The website is not responsible for the content in any posting made by other users on this website. We are not liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance of any content posted by a third party on the site. If you become aware of misuse of this website by any person, please contact us immediately.
These Terms and Conditions apply only to this website, and not to the websites of any other person or entity. We may provide links to other websites or resources. You agree that we are not responsible for the availability of such external sites or resources. You acknowledge and agree that the website does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that the website is not liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website.
Third-Party Products and Services
This website may feature products and services offered by other parties. You agree that the website has no responsibility or liability for products and services offered by third-party sellers. Furthermore, we make no warranties or representations whatsoever with regard to any products or services offered by third-party sellers. You agree that the website is not a party to such third-party transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Copyrights and Trademarks
You acknowledge that this website contains information, elements and other materials that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
Copyright © 2015 to present BioNewGenics.com. All content in this website, including, but not limited to, the text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations and software, and this website itself, are copyrighted materials belonging exclusively to BioNewGenics.com Inc. ("BioNewGenics") or its content suppliers and are protected by United States and international copyright law. BioNewGenics.com enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under Title 17 of the U.S. Code. All rights are reserved.
All logos and other marks indicated on this website are the exclusive property and trademarks of BioNewGenics.com. BioNewGenics.com reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code. All other trademarks not owned by BioNewGenics.com that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BioNewGenics.
Communications with the website
You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Additionally, we may deliver communications to you at the street address provided when you registered your user account.
Warranties and Limitations of Liability
You specifically agree that use of this website is at your own risk. THIS WEBSITE IS PROVIDED BY BioNewGenics ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL THE WEBSITE OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF ACCURATE VENTURE, INC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BioNewGenics' LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BioNewGenics, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Neither BioNewGenics.com nor any other party involved in creating, producing, or distributing this website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this website's records, programs, or services.
You agree to indemnify, hold harmless and defend BioNewGenics.com, and our affiliates and subsidiaries, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third-party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this website or our services, products or offerings, your violation of these Terms and Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this website or these Terms and Conditions shall be filed only in the state or federal courts located in Broward County in the State of Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and waive any objection to the laying of venue of any such litigation in these courts, and agree not to plead or claim that such litigation brought in such courts has been brought in an inconvenient forum.
In any action against us arising from the use of this website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions and any other applicable Subscription Agreements are the entire agreement between you and us relating to the subject matter herein.
We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver.