RevGenetics Terms And Conditions
Last Updated: November 8, 2016
Agreement to Terms
ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “AGREEMENT TO ARBITRATE” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND REVGENETICS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1- Return/Refund Policy (30 Day Money Back Guarantee)
If for any reason you are unhappy with RevGenetics brand capsule products, you may return it for a full refund (less shipping and handling). Only one opened package of any RevGenetics brand capsule product is eligible for return. All others of the same product must be in a factory sealed container for a refund. You are covered by this unconditional refund of RevGenetics brand products for a full 30 days from the date of delivery. Our return and refund policy applies to all RevGenetics brand capsule products. However there are the following exceptions: International orders, Products delivered in recurring orders, as well as products such as loose powder, inert gas, cream or others not mentioned where the product page states that the product cannot be returned or refunded simply cannot be returned or refunded at this time.
Please e-mail or call our Customer Service Department at email@example.com or 1-888-738-4363 within 30 days of date of delivery to receive authorization and return instructions.
Please remember that recurring orders are strictly for folks that have already tried and enjoyed our products and simply want them at a better price and/or to save on shipping costs using an easy month-to-month recurring order. Please see our recurring orders policy regarding this special class of products. If you are simply trying our products for the first time please select our single purchase capsule products as many qualify for our 30 day money back guarantee. After making sure that our products are the best ones for you, you can then save money by simply choosing our recurring products.
2- How to Send Back Products
When sending back products, it is the customer’s responsibility to return the products to the correct address in new condition and in the original packaging. For this reason, we strongly suggest that you obtain a tracking number for the returning item(s) and purchase shipping insurance. Please forward tracking information to Customer Service to assist in processing your return. Once we receive the return, inspect it, and determine it to be in acceptable condition, we will issue a credit in the original form of payment.
In the event that the product we receive does not qualify for a return, or is received in a condition, which we deem unacceptable, we reserve the right to deny your return.
Upon receipt of said item we will either refuse it or contact you by email to notify you that the item was received damaged or used. If the item was received damaged you may file a claim with your shipping company. If the item is received used you may choose to have the item disposed of or have the item returned to you at your expense. Damaged or used items will be retained in our warehouse for a maximum of 30 business days unless otherwise requested by the customer in writing prior to disposal. After 30 business days the item will be disposed of or donated.
3- Privacy and Use of Information
4- Changes to Terms or Services
We may modify these Terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Site or App or through other communications. It’s important that you review the Terms whenever we modify them, because if you continue to use the Services after we have posted modified Terms on the Site or App, or otherwise communicate them to you, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services evolve over time, we may change or discontinue all or any part of the Services at any time and without notice.
5- Determining Identity with customer support
When contacting RevGenetics support by phone or email regarding orders over $75, we may sometimes require a copy of your driver’s license, passport, or federally issued identification. We simply want to verify this information when discussing expensive orders to avoid fraud. You simply agree that you will supply the document if customer support asks for it, to confirm your identity regarding any discussion. Please fax any requested document to 866-430-3953 or email a scanned copy to our support email: Orders@RevGenetics.com
6- Terms Definitions
RevGenetics LLC along with Anthony Loera and his companies, employees, authors, affiliates and websites (“RevGenetics”), is/are the owners and publishers of this Website. Any use of first-person pronouns, such as “we,” “us,” “our,” or “ours,” refer to RevGenetics. These Terms will refer to users of the Website using second-person pronouns, such as “you,” “your,” or “yours.” Such pronouns refer to you, the user, as well as any business entity in which you represent, work for, volunteer information to or have any legal or equitable interest. This clause helps us limit our competition from copying our information or using it.
7- Shipping Policy and Damage
We reserve the right to substitute shipping carriers as necessary to help maintain quality service unless FedEx is selected. If a shipment is re-routed, or misrouted by a carrier, it is up to the shipping carrier to fix the error and route your shipment properly. We are not responsible for delays, product issues or loss regarding shipping carrier errors. If your product is lost (which is very rare, but it does happen) and the shipping carrier does not mark it as lost, we simply cannot provide a replacement. Usually, this happens with USPS, so we advise you to talk to your postal carrier as many times they can resolve it easily.
If the product arrives damaged to your home or with an incorrect amount of products, please contact our Customer Service Department via our email "Orders@RevGenetics.com" within 48 hours. DO NOT DISPOSE OF ANY DAMAGED PRODUCTS OR PACKAGING until you contact Customer Service for instructions, as we may require the return of the damaged goods and packaging. You must contact us within seven days from the date of delivery to report damaged or defective merchandise. After the seven-day period, the product cannot be reported as with a physical issue and/or returned for exchange or refund. When returning a product, please insure your products properly if you are unsure of the delivery date, address, or any other circumstances that may lead to a loss.
Because most customers are not directly available when deliveries are made to their homes or businesses, we send most packages without signature confirmation. Because of this, the customer understands that he waives right for a customer signed "Proof of Delivery" to a verified or non-verified address in any merchant chargeback dispute. If a customer requires "signed proof of delivery", the customer must choose "FedEx" as the shipping carrier when ordering on the website or by phone. All FedEx packages require direct signature from customer. Customer accepts the "standard no signature required" proof of delivery provided by other carriers as the final determination as to whether customer received product. Carrier's proof of delivery constitutes acceptance of free and clear delivery to the customer.
8- International Shipping Policy
Emails are required for international orders. We will not send an international order without the correct email, address and contact phone number. First Class International shipping method is delivered through the postal services. First Class International shipping has no electronic tracking information. This method takes 1-2 weeks for delivery to Canada and Europe, and 2-3 weeks to Asia and Pacific. Although it is a low price, we cannot guarantee delivery or provide refunds when this shipping method is selected. We only offer it for your convenience if you find it to be a safe and reliable shipping method through your countries postal services. Because of this, the customer understands that he waives right for a customer signed "Proof of Delivery" to a verified or non-verified address in any merchant chargeback dispute. Customer accepts our shipment notification email with delivery number as proof of delivery and the final determination as to whether customer received product. Our shipment email with delivery number constitutes acceptance of free and clear delivery to the customer. The delivery number is not a tracking number. The U.S. Postal Service will be electronically notified by us to expect the package with your delivery number, but will not provide any further updates on their website as no tracking is available. We do offer other shipping methods that have tracking available. Please choose another shipping method if package tracking is important to you. Tracking numbers are not provided automatically, if you need one please email us and request it 3-4 days after you order online.
Taxes, Customs, Duties are to be paid by the customer for all International orders. Any shipment that is held by customs for nonpayment of import duties and taxes and is subsequently returned by the carrier because of rejection of delivery by the customer results in an unauthorized return and the order is nonrefundable. So please consider international taxes and duties before ordering.
If your order is returned to us due to restricted or banned products, an incorrect address, or because no one was there to accept delivery of your order, we will provide no refund. Please contact us within 30 days if this has happened to arrange for a delivery to another address or to attempt the delivery once more for an additional shipping fee. Returned packages that are not redelivered will be held at our office and be discarded after 30 days.
If we send a package to a mistaken address where you once had us deliver packages previously (This is extremely rare), you agree to help us get this package back by providing any information of the person to whom we have delivered the package to or simply visit the old address and ask for the package. Most of the time they will be happy to give it to you.
If you are a first-time international customer, and order more than $81 we may ask you to fax us or email us additional information for your protection. We simply want to make sure no one is using your information without your knowledge. If this is necessary, we will email you the request of information. We will ask you for the front page of your monthly credit card statement or bill, or a copy of the front and back of your credit card along with a utility bill (water, electricity, or gas) that shows your shipping address. If you send us a copy of the statement, all we will need from it is your credit card company's logo and address, your name and address, and the last 4 digits of your card. We do not need any purchase history from this document so that you can mark that off. Your privacy is secured, and we will not use your information for any other purpose, except to verify and protect your transaction. Our fax is (001.866.430.3953) and our email is ( firstname.lastname@example.org ). If you already have shopped with us once, you will not need to provide this information.
9- Free Shipping Policy
Free shipping does not apply to international orders, only to orders shipped to our customers within the USA. Free shipping is only available for certain products, and combining a free shipping product with a non-free shipping product will incur shipping charges. Please order free shipping items separately from non-free shipping items, to assure the best pricing on our system. We reserve the right to select the specific carriers used for the "Free Shipping" service, however, if you require signature confirmation, please use "FedEx" carrier instead of our "Free Shipping" service, as mentioned in our regular shipping policies. Returned items that were originally sent using free shipping will be charged a 10% re-stocking fee with a minimum charge of $5.50.
10- Recurring Orders (Recurring Transactions) Policy
A recurring Order: The definition of a recurring order is simply an order where the customer chooses to buy a product that has the word “recurring” in the product order description. This word is also be part of description within the invoice for the product ordered. The customer understands that by selecting this type of product that the customer accepts and authorizes to receive and keep the ordered products at least twice within a six (6) month period after the order was placed. Products placed as recurring order products are not refundable and not covered by our 30-day money back guarantee.
By selecting a recurring order, you have the benefit of keeping the current price even if prices go up in the future for everyone else. You will also be sent the products before anyone else, and if our stock is low, our recurring order customers who have had more than one shipment will take priority over folks who have made a simple one-time purchase. You can also change a shipment from once a month to once every two months or if you need to skip a month when you go on vacation, simply email us at any time: Our email is "Orders@RevGenetics.com" for order related changes.
11- Recurring Order Changes And Cancelation
When making a change or cancellation, give us three business days after receiving your email to complete the change. If going on vacation, please make sure you notify us ahead of time. Remember we cannot refund recurring orders; we can only stop future deliveries.
We ask you to email us three business days in advance to make any changes in the delivery dates of these products. The email for changes is: "Orders@RevGenetics.com". We cannot cancel or change product delivery dates without being notified three business days in advance. We may also have a new interface on our website so that you can stop your recurring orders, email us to see if it is available.
At times we may run out of stock on a particular recurring product in inventory. In that situation you allow us to delay your delivery until we again have stock, or a viable substitution is agreed upon. Delayed deliveries will commence as soon as stock is available. For stock that is discontinued, you agree that we will not have or be able to continue shipping you the product, and RevGenetics can cancel your order.
If you cancel a recurring order before you receive the minimum amount of products to meet the definition mentioned above, we will assume you did not mean to order the recurring subscription product or ordered it by mistake. We will then correct the order and charge a shipping fee of $5.50 or our actual shipping and handling costs, whatever is greater per delivered recurring order along with any difference in product pricing between the recurring subscription product price and the simple single purchase product price. By purchasing from RevGenetics, you agree to allow us to be able to correct order mistakes by refunding or charging your card, account, or form of payment at any time after an order was placed to correct, charged incorrectly or found to be in error. For international accounts that are refunded or charged, you accept all exchange rates at the time of when the actual correction takes place.
12- Delayed Orders and Authorized Charges
At times we may have a delay in shipments, shipping charges, or charging of your order do to a back order of stock, safety testing of material, or technical issue that may occur. Because of delays or mistakes regarding authorizations, you agree to that we can properly authorize your credit card and charge it to resolve an issue as well as use a valid authorization number up to a maximum of 360 days past the order date. You agree to allow us to use any payment type on file to help provide you uninterrupted recurring service or to settle the placement of a delayed order that may have fallen through the cracks, as well as knowing that we can provide and report information to the credit bureaus to settle a payment. If a chargeback occurs, a check is bounced, or if any other method of payment fails you agree to have 30 days to pay off your account. Accounts not paid within 30 days after a payment fails or if a chargeback occurs, will be subject to a 10% monthly finance charge. On the initial failure of payment, you agree that we will apply the following recovery fees to the amount owed: A RevGenetics recovery fee of $35 plus any additional merchant service fees as well as legal and collection fees we incur during our activities in our objective to satisfy the original payment. You agree that the new total amount owed will be that of the original amount shown, plus the recovery fees and any finance charges accrued.
Why the charges? We have had certain people do charge-backs after ordering using first class shipping (which does not provide a signature confirmation). We then place these folks in collections and notify credit bureaus. We have realized this is quite expensive, and have implemented a fee on charge-backs and bounced checks as well as collection costs associated to recover fraudulent orders. This helps us limit fraud, and keeps our costs low for our regular customers.
13- No Medical Advice
The site simply does not provide any medical advice. RevGenetics LLC is a supplement company and is not engaged in rendering medical or professional advice or services. The information provided on our site is not intended to replace any medical advice offered by a health care provider. RevGenetics LLC recommends that you consult a physician or professional health care provider prior to the use of the products advertised on the site. You agree that all posts content and information are opinions and is compiled or arrived at from sources believed to be reliable but no representation or warranty, express or implied, is made as to their accuracy or completeness and no information, opinion or forecast shall be taken as a representation for which RevGenetics LLC or its authors or any of their employees or associates assume any responsibility. In fact, you agree that all information is considered a "Fair Comment" or Personal Opinion of the author(s) at RevGenetics LLC.
14- Your Obligations
In consideration of your use of our site and services, you agree to (1) always provide your current and accurate information about yourself, (2) promptly update and maintain your information with us current, and (3) agree that by upon your accessing the site by clicking any link, button, or other device provided to you in any part of this Website’s interface and/or completing the registration or shopping process, you are in agreement to these terms and conditions and have electronically signed this agreement per the U.S. ESign Act of 2000. If you provide information that is not current, untrue, inaccurate, incomplete, or RevGenetics LLC has reasonable grounds to suspect that your information is not current, untrue or accurate, RevGenetics LLC has the right to terminate and suspend your access, as well as refuse any and all current or future use of the services (or any portion of these).
All trademarks, service marks and trade names of RevGenetics LLC used in the site are trademarks or registered trademarks of RevGenetics LLC
16- Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, RevGenetics LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. RevGenetics LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. RevGenetics LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
17- Copyright Licensing And Intellectual Property
By agreeing to these Terms, you are granted a revocable, non-exclusive, non-transferable license (a “Personal Use License”) to view and access the Content for personal, non-commercial purposes. In connection with a Personal Use License, you may not:
• Sublicense, sell, assign or otherwise share the Content with anyone;
• Duplicate any part of the Website or the Content for any purpose (except as expressly provided elsewhere in these Terms);
• Distribute, share, trade or create any derivative works based on the Website or any of the Content, and you agree that any such use is NOT “fair use” under 17 U.S.C. § 107;
• Use the Website and/or any of the Content for any public display, public performance, sale or rental, and you hereby agree and stipulate that any and all such uses are NOT “fair use” under 17 U.S.C. § 107;
• Post, share, trade or offer for use/viewing/listening to or transcription copy of any or all of the Content to or through any websites or service, including, without limitation, through one-click hosting sites, file locker sites, bit torrent protocol, public or private forums, social sites, video hosting “tube” sites, or any other similar technology;
• Remove any copyright or other proprietary notices from any of the Content; or
• Circumvent any encryption or other security tool(s) used anywhere on the Website.
• Defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
• Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
• Promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
• Trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
• Violate, or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability;
• Upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
• Impersonate or misrepresent your affiliation with another person or entity;
• Promote or provide instructional information about illegal or harmful activities or substances;
• Promote or engage in physical harm, violence, or injury against any group or individual;
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• Submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
• Post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
• Use, display, mirror, or frame the Services or any individual element within the Services, RevGenetics name, any RevGenetics trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without RevGenetics express written consent;
• Access, tamper with, or use nonpublic areas of the Services, RevGenetics computer systems, or the technical delivery systems of RevGenetics providers;
• Attempt to probe, scan, or test the vulnerability of any RevGenetics system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by RevGenetics or any of RevGenetics providers or any other third party (including another user) to protect the Services or Content;
• Attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by RevGenetics or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
• Extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to the RevGenetics database and other information about users or apps);
• Use any meta tags or other hidden text or metadata utilizing a RevGenetics trademark, logo, URL, or product name without RevGenetics express written consent;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or Content;
• Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or RevGenetics infrastructure;
• Delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
• Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c ) sell, resell, rent, or lease the App or your Account;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the preceding.
You acknowledge and agree that the preceding list of prohibited uses is exemplary, non-exhaustive, and provided for illustrative purposes only. You further agree that the use of bots, employees, contractors, resellers, assigns, or any kind of automated process to copy, download, hot-link, frame, or otherwise use any Content is prohibited by the Personal Use License described in this Section and will in all instances be considered commercial uses. Any Personal Use License granted to you will terminate and be immediately revoked upon your use of any Content in violation of this Section.
Should you choose to use any of the Content for any purpose not authorized by the Personal Use License described above, or without any written prior authorization from the President of RevGenetics, you agree that such use shall be deemed a commercial use of the Content and that such use may only be done in accordance with the terms set forth in this Section.
By using any piece of Content or action stated in the list of prohibited uses (each piece is herein referred to as a “Work”) in a manner that exceeds the limitations of a Personal Use License, you thereby demonstrate your purchase of a revocable, non-exclusive, non-transferable, single-use license (a “Commercial Use License”) to view and access that Work, and to use one copy of the Work for commercial purposes.
Each Work and/or separate image of a Work is licensed separately, such that your commercial uses of multiple Works will require multiple Commercial Use Licenses as well as separate images of the same Work will require multiple Commercial Use Licenses, one license per image. Similarly, each use of a particular Work is also licensed separately, such that your multiple uses of a Work will require multiple Commercial Use Licenses. As an illustrative example, should you use two (2) images from this Website by embedding the first image in three (3) pages on your own website, and the second image in two (2) pages on your own website, you will have by doing so purchased a total of five (5) Commercial Use Licenses, each with its duration and fee, as herein described. As a second illustrative example, should you use two (2) images or screenshots taken from a single Work such as a video, you have will have by doing so purchased a total of two (2) Commercial Use Licenses, each with its duration and fee, as herein described. Should you perform one (1) probe or scan on our website (Also called a Work) and the next day you impersonate two (2) people in a false manner that is detrimental to RevGenetics, you would have totaled three (3) Commercial Use licenses per these terms.
You acknowledge and agree that the initial term (the “Initial Term”) for a Commercial Use License shall commence on the date (the “First Use Date”) that you first used the subject Work beyond the scope of any Personal Use License granted to you, and shall continue until the one-year anniversary of the First Use Date. Upon expiration of the Initial Term, or any subsequent Renewal Term, this Agreement shall automatically renew for an additional one-year term (each a “Renewal Term”) unless you provide written notice to us of your intent not to renew at least sixty (60) days prior to expiration of the Initial Term or then-current Renewal Term, as applicable. Notwithstanding the preceding, any Commercial Use License shall at all times be subject to termination by the terms set forth elsewhere in these Terms. At any time any Commercial use that is not legal per local laws, regulations, the DMCA or found to be harmful in any way to RevGenetics will be considered a purchased Commercial License even after the license is immediately terminated. You agree to pay for such a license fee as part of its initial use and any late fees apart from any criminal legal recourse RevGenetics has against those violating federal and state laws.
For the first Commercial Use License purchased, you agree to pay to us by bank wire, no less than two (2) days prior to the First Use Date, and at least ten (10) business days prior to beginning of any Renewal Term thereafter, a license fee of Ten Thousand U.S. Dollars (US$10,000.00). With each additional Commercial Use License purchased after the first one, you agree to pay to us by bank wire, no less than two (2) days prior to the First Use Date, and at least ten (10) business days prior to beginning of any Renewal Term thereafter, a license fee of Ten Thousand U.S. Dollars (US$10,000.00). You acknowledge and agree that time is of the essence with respect to all license fee payments, and that in the event that you do not provide timely payment, you will be assessed and agree to pay a late fee of One Hundred And Fifty Thousand U.S. Dollars (US$150,000.00) after the first day past the First Use Date for which the license fee payment that is not timely received. Fees will not be prorated for the use of a Work that ends before the anniversary of its First Use Date, and you will not be entitled to receive a refund of any fee associated with your purchase of a Commercial Use License.
To provide payment of fees, you agree to contact the copyright holder by email using the following address: email@example.com. In your email, please specify the particular Work(s) to be licensed, including its/their URL(s) on this Website, and the particular use(s) to which you will put the licensed Work(s), including URL(s) where the Work(s) will be located, where applicable. We will, in response to your email, provide you with wire instructions to be used when making all payments.
RevGenetics may terminate any Commercial Use License granted to you upon ten (10) days’ written notice.
18- Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER REVGENETICS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT TO YOU WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR REVGENETICS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL THE TOTAL LIABILITY OF REVGENETICS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED TWO HUNDRED DOLLARS ($200). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REVGENETICS AND YOU.
19- Typographical Errors
If a RevGenetics LLC product is mistakenly listed at an incorrect price, RevGenetics LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. RevGenetics LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, RevGenetics LLC shall issue a credit to your credit card account in the amount of the incorrect price.
20- Acceptance of Agreement
RevGenetics LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to RevGenetics LLC. RevGenetics LLC reserves the right to withdraw any recurring transaction, order or service without notification prior to withdrawing such service and shall have no liability whatsoever to you in connection with deletion of any such service or stopping any Services.
22- Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden and Commercial use fees will be implemented for such actions. Impersonation of others, including a RevGenetics LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, copy or use the existing site content or otherwise publish through the site or other 3rd party sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
23- Participation Disclaimer
RevGenetics LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, RevGenetics LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, RevGenetics LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to RevGenetics LLC in its sole discretion.
You agree that RevGenetics will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
25- Agreement to Arbitrate
You agree that this agreement supersedes any and all previous agreements, contracts and communications between you and RevGenetics and its representatives by any electronic means. This agreement is enforced Globally by the New York Convention of 1959. Any Commercial Use or Personal Use licensing disagreements stemming from this website, emails and contracts from RevGenetics and/or Anthony Loera or any past electronic communication as well as Anthony Loera's content within, will first go through fee arbitration (if any) and have all monies paid to the copyright owner “RevGenetics LLC” in full prior to any ongoing or prior alternate dispute resolution (such as arbitration) or litigation.
You and RevGenetics agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court. Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide RevGenetics with written notice of your desire to do so by regular mail at 8230 sw 164 ct, Miami FL 33193 within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide RevGenetics with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clause (a) above. The right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, User Content, Personal License, Commercial License or other intellectual property rights (the action described in this statement is defined as “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action, if you timely provide RevGenetics with an Arbitration Opt-out Notice, will be the state and federal courts located in the Miami-Dade County of Florida, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide RevGenetics with an Arbitration Opt-out Notice, you acknowledge and agree that you and RevGenetics are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and RevGenetics otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Any controversy or claim rising out of or relating to this Services, licensing, website, or the breach of this contract, shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be initially borne by the user and later apportioned by the arbitrator. The arbitrator's decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator's award.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration letter by email. The parties will then contact net-ARB.com to begin the arbitration process. If the parties are unable to agree upon initiating arbitration within seven (7) days of delivery of the Demand for Arbitration, then the net-ARB.com will appoint the arbitrator. If for any reason net-ARB.com refuses to hear the case, RevGenetics will select a new Arbitration service within 90 days of the refusal, and proceed with Arbitration.
The arbitrator will render an award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if RevGenetics changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice to 8230 SW 164 CT Miami FL 33193 within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of RevGenetics email to you notifying you of such change. By rejecting any change, you agree that you will arbitrate any Dispute between you and RevGenetics in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
26- Arbitration for Commercial Use Licensing Disputes
You agree that RevGenetics may submit an Initial Dispute Statement to you separately for each Commercial Use License purchased within fifteen (15) years from the date of the first use in a manner that exceeds the limitations of a Personal Use License. You agree that RevGenetics may submit an Initial Dispute Statement to you separately for each issue not related to fee disputes within fifteen (15) years from the date of the first notice of the issue, either by electronic means or by certified mail or courier documenting and communicating the issue. You agree that the submission of the Initial Dispute Statement specifically for Commercial Use licensing disputes as previously described can be sent to you by any of the following means: email, fax, certified letter, courier, or through your ISP.
If a resolution of the described dispute is not reached within ten (10) days after submission of the Initial Dispute Statement RevGenetics may schedule arbitration within fifteen (15) years after submission of the Initial Dispute Statement, and provide written notice of the arbitration date and form via the same method as the submission of the Initial Dispute Statement. RevGenetics may schedule separate arbitrations for each dispute or Commercial Use License dispute and can choose to lower the amount of the payment fee(s) owed on each Commercial Use License purchased at its sole discretion.
27- Failure To Show For Arbitration
In the event of a dispute initiated by RevGenetics for a Commercial Use license, you agree that your failure to appear at arbitration convened to resolve such dispute shall result in an automatic decision against you and in favor of RevGenetics for the full fee amount alleged in its Initial Dispute Statement submitted to you and any fees incurred for initiating the Arbitration.
You agree to indemnify and hold harmless RevGenetics, its Authors, its officers, agents, licensors, suppliers and employees from any and all liability, claims, costs, suits, causes of actions, judgments or damages, including attorneys’ fees, arbitration fees, arising out of the use of this website or its content. Furthermore you understand and acknowledges that this Hold Harmless and Indemnification clause requires that RevGenetics, its Authors, its officers, agents, licensors, suppliers, and employees be indemnified and held harmless for any and all liability, claims, costs, suits, causes of action, judgments or damages sustained by RevGenetics, it's Authors, licensors, suppliers or any other person or persons for bodily injury and for injury to or loss of property resulting from, caused by or rising out of the conduct of the Outside Organization and/or any guest, participant, visitor or other person attending the event referred to in this Agreement or your violation of these Terms. This Hold Harmless and Indemnification Agreement shall also pertain to any such claims alleging negligence on the part of RevGenetics or its Authors, its officers, agents, licensors, suppliers and employees.
29- Permission to act
You also agree that if content or products were provided to a third party or site that is not directly under your control, and that content that falls within the specification of a Commercial Use License or that the product is used in a legal manner, that you hereby appoint RevGenetics, Anthony Loera or one of his assigns as your true and lawful attorney, in fact, to act for you in your name, place, and stead, and on your behalf to do and perform the following: To contact the third party on your behalf to discuss, retract, negotiate, delete and/or erase such content or product related items as well as to provide us access to your information, whether we use your real name, an anonymous handle or name to describe your account or electronic content. As a result of the use and protection of any Commercial Use license, you agree to be liable to for legal damages, legal fees, arbitration fees, indirect damages, punitive, exemplary or consequential damages to RevGenetics, its Authors, its officers, agents, and employees as a result of this clause. These maybe calculated monthly by RevGenetics and submitted for arbitration. The easy way to avoid issues regarding content or products is to simply ask for permission first. We are very open about reviews of our products and sharing information, we simply need to make sure you receive permission from us first.
30- Confidentiality release
As we are in the business of providing customers information about products, ingredients, and scientific achievements, you agree that RevGenetics is free and released disclose publicly any confidential information of substantial commercial value to you or your companies, including, without limitation, trade secrets (within the meaning of the Uniform Trade Secrets Act), processes, production and distribution methods, equipment and systems, supply chain relationships, product specifications, samples, business plans, competitive data analysis, systems software, proprietary inventions and technology, technical "know-how" and improvements relating to your or its business and products, product ideas and concepts, inventions (whether patentable or not), improvements, copyrightable or patentable materials, schematics, and other technical, business, financial, marketing and product development plans, forecasts, strategies, and information ("Proprietary Information). You agree that this agreement supersedes any previous agreement or contract that you, the Companies you work for or represent and their Affiliates, including all of their employees, agents, officers, and directors have entered with RevGenetics or its individual representatives. You release RevGenetics from all liabilities regarding any disclosures and will indemnify RevGenetics. You agree that arbitration will be your only remedy for any dispute regarding this clause and that the limit of such remedies will be a combined maximum of $10 per year.
31- Claims release
To allow us to be able to provide our customers with information on products we do not sell or have control over, you and the companies you represent releases RevGenetics LLC, Anthony Loera and RevGenetics from all claims, demands, and damages either it or either of the rights holders in copyright, trademark, trade dress, royalty or patent disputes against RevGenetics LLC, Anthony Loera or RevGenetics based on, arising from, or related to the manufacture, sale, marketing, comment or use of a product prior to the Effective Date of your acceptance of these terms. You agree that arbitration will be your only remedy for any dispute regarding this release and that the limit of such remedies will be a combined maximum of $10 per year for all the types of disputes described.
Our customers demand information, products or services that are usually protected legally, so this clause is necessary to assure our customers we have the best consideration for them and their health. Upon any communication through an email, phone call, about content that is and is not copyrighted, trademarked, or patented (“User Content”) with RevGenetics, you grant to RevGenetics a non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, to use in marketing, use in manufacturing, use in sale and distribute the user content discussed through any RevGenetics Services or new products.
You represent and warrant that you own all your User Content. You assure us that you have all rights that are necessary to grant us the license and rights to use your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by RevGenetics on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation either because it is public information or because you are the owner or authorized person to sign on behalf of the owner of the Intellectual property and through these terms grants us the use of the User Content as mentioned in the paragraph above.
33- User Content Indemnification
You agree to hold harmless and the indemnification of RevGenetics LLC, Anthony Loera, and RevGenetics. You agree that should RevGenetics require a written Intellectual Property license for any state, federal or other disputes or resolutions, that this will serve as the interim license for such a need until you provide a license (or sublicense) for any User Content. The maximum license fee for a paper license provided by you as the User Content owner or authorized person to sign on behalf of the Intellectual Property owner will be One Dollar ($1). Both the interim license and the paper license grants all the rights mentioned in the “User Content” section. Furthermore you understand and acknowledges that this Hold Harmless and Indemnification clause requires that RevGenetics LLC, RevGenetics, its Authors, its officers, agents, and employees be indemnified and held harmless for any and all liability, claims, costs, suits, causes of action, judgments or damages sustained by RevGenetics, its Authors or any other person or persons for bodily injury and for injury to or loss of property resulting from, caused by or rising out of the conduct of the Outside Organization, manufacturing, use, including and not limited to the issues arising from the holders of the copyright, trademark, or patents that are licensed per this clause. You agree that arbitration will be your only remedy for any dispute regarding this release and that the limit of such remedies to your favor will be a combined maximum of $200 per year for all the types of disputes described.
34- Third-Party Links
In an attempt to provide increased value to our visitors, RevGenetics LLC may link to sites operated by third parties. However, even if the third party is affiliated with RevGenetics LLC, RevGenetics LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of RevGenetics LLC. These linked sites are only for your convenience, and therefore you access them at your own risk. Nonetheless, RevGenetics LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
35- We cannot guarantee the products will work for everyone trying them
You understand that every person is genetically different and that we cannot guarantee that the products will work for everyone trying them.
This site is provided on an “as-is” and “as available” basis. RevGenetics makes no representations or warranties of any kind, express or implied, as to the site’s operation or the information, content or materials included on this site. To the full extent permissible by applicable law, RevGenetics hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. RevGenetics will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site solely at your own risk.
37- Limitation of action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of this Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision and any claims from RevGenetics must be filed within the statute of limitations after such claim or cause of action arose or be forever barred.
38- Miscellaneous Provisions
The section titles in this Agreement are for convenience only and have no legal or contractual effect. All provisions of this Agreement that by their nature should survive termination will survive termination, including without limitation, provisions related to intellectual property, governing law, and these miscellaneous provisions. These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to any conflict of laws provisions. These Terms constitute the entire and exclusive understanding and agreement between RevGenetics and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RevGenetics and you regarding the Services and Content.
If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above) ,the parties hereto nevertheless agree that such arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without RevGenetics prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. RevGenetics may freely assign or transfer these Terms without restriction. Subject to the preceding, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
40- New Notices
Any notices or other communications provided by RevGenetics under these Terms, including those regarding modifications to these Terms, will be given: (a) via email, or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
41- RevGenetics Rights
RevGenetics failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RevGenetics. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any additional questions or concerns about these terms and conditions, please feel free to contact us any time through this website or at RevGenetics, 8230 SW 164 CT, Miami FL 33193-5752