Terms
REVGENETICS TERMS AND CONDITIONS
Latest Version Posted: June 8th, 2026
Scope and Acceptance. These Terms and Conditions (this "TOS") apply to all parties who access or use this website, products, marketing, or services (the "Services"), including but not limited to: individuals residing in the United States, state and federal government employees, employees and contractors of governments of any country, government entities, commercial or government-related entities, automated agents, AI agents or systems, bots and spiders (and the persons or entities operating or deploying them), contractors, subcontractors, non-profits, non-governmental organizations, and the like. By creating an account, completing a purchase, checking an "I agree" box, clicking to place an order, or otherwise affirmatively indicating your agreement, you confirm that you have read, understand, and agree to be bound by these Terms, including the binding individual arbitration provision and class-action waiver set forth below. In addition, by accessing or using the Services in any manner, including by means of any automated tool, agent, crawler, scraper, or AI system, you and any person or entity on whose behalf such access occurs agree to be bound by these Terms; if you do not agree, you are not authorized to access or use the Services. Accessing or using the Services on behalf of a government, agency, organization, or other entity constitutes that entity's agreement to these Terms, and you represent that you are authorized to bind that entity. If you do not agree to these Terms, you are not authorized to use the Services.
Government Users and the Antideficiency Act. If you are a U.S. government employee, we recommend that you review the GSA GUIDANCE FOR REVIEWING TERMS OF SERVICE FOR SOCIAL MEDIA PRODUCTS AND SERVICES before accessing or using the Services. By accessing or using the Services, you acknowledge that you have reviewed these documents and that you understand the Antideficiency Act ("ADA") and its criminal penalties for government employees who knowingly and willfully violate the Act. To the maximum extent permitted by applicable law, if you are a government employee and you violate the ADA, you agree to be personally responsible for any expenses that may result, in addition to any criminal charges. (For reference, federal law allows fines of up to $75,000 for a first ADA violation and $150,000 for additional violations; states and local governments may impose additional fines.) This includes any commercial use of Work, as set forth in Section II ("COMMERCIAL RESEARCH IP & AFFILIATE TERMS OF USE"). To the maximum extent permitted by applicable law, government employees who do not have contracting authority agree to the full TOS and assume personal liability for all commercial licenses and indemnifications in this agreement. Nothing in this TOS is intended to require any party to act, or refrain from acting, in a manner prohibited by applicable law.
Welcome to RevGenetics! The term "RevGenetics" encompasses RevGenetics LLC, including its properties, websites, agents, associates, authors, contractors, suppliers, officers, directors, shareholders, employees, representatives, and any other individuals or entities associated with the business, as well as the named individual 'Anthony Loera' (referred to as "us," "we" or "RevGenetics"). We provide the www.revgenetics.com site and various related services (collectively referred to as this "site"). Your use of this site, including personal communications unrelated to the website or business activities, as well as any other written agreement between us (or your company), is subject to your compliance with all the terms, conditions, and notices stated in these Terms of Use. Moreover, when utilizing specific services or materials on this site, users are bound by any posted guidelines or rules applicable to those services or materials. These guidelines or rules may contain additional terms and conditions that supplement the ones outlined in these Terms of Use. All such guidelines or rules are hereby incorporated into these Terms of Use by reference.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
ARBITRATION NOTICE — PLEASE READ CAREFULLY. BY ACCEPTING THESE TERMS, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND REVGENETICS WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. AN ARBITRATOR — NOT A COURT — WILL DECIDE ALL ISSUES, INCLUDING THE SCOPE, ENFORCEABILITY, AND ARBITRABILITY OF THESE TERMS, EXCEPT THAT EITHER PARTY MAY SEEK EMERGENCY OR TEMPORARY INJUNCTIVE RELIEF IN COURT AS DESCRIBED IN THE "AGREEMENT TO ARBITRATE" SECTION BELOW.
YOUR RIGHT TO OPT OUT OF ARBITRATION. You may opt out of the binding arbitration and class-action waiver described above without affecting any other part of these Terms. To opt out, you must send written notice by postal mail, postmarked within thirty (30) days of the date you first accept these Terms or first use the Services (whichever is earlier), to: RevGenetics, LLC, Attn: Arbitration Opt-Out, 16782 SW 88th St #357, Miami, FL 33196, USA. Your notice must include your full name, the email and postal address associated with your account or order, the date of your first use or purchase, and a clear statement that you wish to opt out of the arbitration agreement. This is the only way to opt out; opting out is not effective by any other method. If you opt out, disputes will be resolved in the courts identified in the "Governing Law" section, and opting out will not affect any prior arbitration agreement you may have with RevGenetics.
I. CUSTOMER TERMS & CONDITIONS
1. Return/Refund Policy (30-Day Money-Back Guarantee — US Domestic Orders Only)
For orders shipped to addresses within the United States, you may return RevGenetics brand capsule products within 30 days of delivery for a full refund, minus shipping and handling fees, provided that the products comply with the following conditions. This guarantee applies to US domestic orders only; orders shipped outside the United States are not eligible for refunds except as described in the International Returns provisions below (including, for EU/EEA consumers, your statutory rights) or as a discretionary exception RevGenetics may grant in individual cases:
a. The opened package, along with all of the remaining unopened packages from the same order, must be returned. All unopened packages must be factory-sealed.
b. The return policy does not apply to international orders, recurring or subscription orders, bulk powder products, inert gas, creams, or any product where the RevGenetics website or product page explicitly states that returns or refunds are not permitted.
To initiate a return, contact our Customer Service Department at orders@revgenetics.com or 1-888-738-4363 within 30 days of delivery to receive authorization and return instructions.
Please note that recurring orders are for customers who are already satisfied with our products and wish to avail discounts or save on shipping costs through a subscription. New customers should opt for single purchase capsule products. Refer to our recurring orders policy for more information.
A. Return Process
Ensure that the products are in new condition and in their original packaging. It is your responsibility to ship the products to the correct address, and we recommend obtaining a tracking number and shipping insurance. Share the tracking information with our Customer Service to expedite processing.
Upon receiving and inspecting the return, if the product is in acceptable condition, we will issue a refund in the original form of payment. However, if a credit card refund is not possible, the refund may be processed via PayPal, check, or another method at our discretion. For refunds through bank wire, there will be a $60 wire charge deducted from the refund amount.
B. Ineligible or Unacceptable Returns
If the returned product is ineligible for a return or is received in an unacceptable condition, we will either refuse the return or notify you via email. For damaged items, you may file a claim with your shipping carrier. For used items, you can choose to have the product disposed of or returned to you at your expense. Such items will be retained in our warehouse for up to 30 business days unless you request otherwise in writing. After this period, you agree that the items will be disposed of or donated.
C. Government Restrictions
No refunds will be provided if the order is affected by any government restrictions or interventions (including customer non-payment of government or customs fees) that prevent or delay delivery. In such cases:
RevGenetics will await the return of the package by the government postal service (this may take 30 to 90 days). The customer must provide a new shipping address and pay for the shipping to this new shipping address. If no packages can be delivered due to government restrictions, RevGenetics will hold the package for up to 90 days. During this period, the customer may wait for changes in government policies or provide an alternative address outside the affected area. Any fees, taxes or charges required to be paid to shipper or government for the return of the product to RevGenetics will be paid for by the customer at the time a redelivery to a new location is made or deducted from any insurance refunds should the package be lost in transit back to the RevGenetics facility.
2. Privacy and Use of Information
Tracking Technologies and Analytics
To enhance your experience on our website and ensure a seamless purchasing process, we use various tracking technologies, such as pixels, scripts, and cookies, to collect data about your browsing and purchasing behavior. These tools also allow us to improve our marketing efforts by providing tailored ads and better insights. Below, we outline the types of data collected, the technologies used, and your rights concerning this data.
Information We Collect:
We may collect the following information when you visit our website or make a purchase:
- Personal Information: This may include your email address, phone number, and shipping/billing details. This information is used to complete your purchase and provide customer support.
- Transactional Data: Information such as products purchased, total transaction value, shipping details, and taxes may be collected to ensure a seamless shopping experience.
- Behavioral Data: We may collect information about your activity on our site, such as pages viewed, time spent on the site, and items placed in the cart.
How We Use the Collected Data:
The data we collect may be used in the following ways:
- Order Processing: To complete your purchases, provide shipping information, and send you order updates.
- Analytics & Reporting: To understand how users interact with our site, track sales performance, and improve user experience.
- Marketing & Advertising: We may share anonymized data with third-party platforms (e.g., Facebook, Twitter, Bing) for targeted advertising campaigns based on your interests or past interactions on our site.
- Retargeting & Personalized Ads: We may use cookies and pixels from services such as Facebook, Google, and Twitter to deliver personalized ads based on your browsing behavior. This includes tracking your visits to our website and other sites across the internet.
Third-Party Technologies:
We integrate third-party services to assist with marketing and analytics, including but not limited to:
- Bing UET Tag: For tracking conversions and providing personalized ads.
- Google Tag Manager: For managing and loading scripts efficiently across our site.
- Facebook Pixel: For tracking interactions on our site and displaying personalized ads on Facebook.
- Twitter Conversion Tracking: To analyze conversions from Twitter ads and personalize future ad campaigns.
- ClickCease: For preventing click fraud and protecting advertising campaigns.
- Reviews and Ratings Platforms: We use third-party review and ratings services (currently Yotpo, and other providers we may use from time to time) to gather product reviews and enhance customer feedback.
These services may collect and process data according to their own privacy policies. We recommend reviewing the privacy policies of these third parties to understand how they manage your data.
Your Rights Under GDPR & CCPA:
- Right to Access: You have the right to request a copy of the personal data we hold about you.
- Right to Erasure: You may request that we delete your personal information, subject to certain exceptions (such as completing an active transaction).
- Right to Rectification: If you believe any of your data is inaccurate, you can request corrections.
- Right to Object: You may object to the processing of your personal data for marketing purposes at any time.
- Right to Data Portability: You can request that we transfer your data to another service provider.
- Right to Opt-Out: Under CCPA, California residents have the right to opt-out of the sale of their personal information. To exercise this right, please contact us at requests@revgenetics.com.
To exercise any of the rights above, you may contact us at requests@revgenetics.com, which is our preferred channel for verifying and tracking such requests. You may also use any other method permitted by applicable law, and we will honor valid requests as required by law.
Regional Application of This Privacy Section
The way we collect and use data depends on where you are located. The following two subsections apply to different groups of users. Where they differ, the subsection matching your location controls.
Users Outside the EU/EEA (and Outside the UK)
If you are located outside the European Union, the European Economic Area, and the United Kingdom, then by accessing the Services, creating an account, completing a purchase, or otherwise affirmatively agreeing to these Terms, you consent to RevGenetics collecting, using, storing, combining, analyzing, and processing your personal, transactional, and behavioral data for any lawful business purpose, including, without limitation: order fulfillment and support; marketing, advertising, and retargeting across channels and platforms; email, SMS, and other direct marketing; the creation of customer segments and audiences; profiling and automated decision-making for marketing and merchandising; the use of artificial intelligence, machine learning, and automated systems to analyze, segment, personalize, and predict customer behavior; analytics and reporting; operational efficiency and automation; fraud prevention and security; and legal, compliance, and record-keeping purposes. To the maximum extent permitted by applicable law, you agree that RevGenetics may set cookies, pixels, tags, and similar technologies, and may share data with advertising and analytics partners, without a separate prior-consent step beyond your acceptance of these Terms, and you may opt out of marketing at any time as described below. RevGenetics relies on your consent and its legitimate business interests as the basis for this processing.
Users in the EU/EEA and the UK
If you are located in the European Union, the European Economic Area, or the United Kingdom, RevGenetics processes your personal data in accordance with the EU General Data Protection Regulation (GDPR), the UK GDPR, and the ePrivacy Directive as implemented in your country. For these users: non-essential cookies, pixels, and similar tracking technologies are not placed or read until you have given prior, specific, informed, and unambiguous consent through our cookie-consent mechanism, and you may refuse or withdraw consent as easily as you may give it. Strictly necessary technologies (such as those required for security, authentication, load balancing, and completing a purchase) do not require consent. We process your personal data on the lawful bases of consent, performance of our contract with you, our legitimate interests where permitted and balanced against your rights, and compliance with legal obligations. You have the rights described above (access, erasure, rectification, objection, portability) and the right to lodge a complaint with your local supervisory authority. We honor verified data-deletion and other rights requests within the time required by applicable law. Where required, marketing, profiling, and AI-based segmentation of your data are carried out only to the extent permitted by law and, where consent is required, only with your consent.
How to Manage Your Preferences:
You can control the use of cookies and tracking technologies through your browser settings. You can also opt-out of personalized ads through the following platforms:
Data Retention:
We retain your personal information for as long as it is necessary to provide you with services, fulfill legal obligations, resolve disputes, and enforce our agreements.
Changes to This Section:
We may update this section from time to time to reflect new technologies or changes in privacy regulations. Any changes will be posted on this page, and where appropriate, notified to you via email or other communication channels.
3. Verification of Identity for Customer Support Interaction
When interacting with RevGenetics customer support through phone or email concerning orders valued at $75 or above, it is essential for us to confirm your identity to ensure secure communication and to prevent fraudulent activities.
For identity verification purposes, we may request a copy of your government-issued identification, such as a driver's license, passport, or any other federally recognized ID, regardless of your location, whether within the USA or abroad.
By reaching out to RevGenetics customer support concerning orders of $75 or above, you agree to promptly provide the requested identification document when asked by our customer support representatives.
If asked, please securely send a scanned copy of the requested document either via fax to 866-430-3953 or through email at Orders@RevGenetics.com. We recommend that you obscure any sensitive information that is not necessary for identity verification to protect your privacy.
RevGenetics reserves the right to postpone or restrict communication, services, or transactions until satisfactory identity verification is complete. This is a measure to protect both the customer and RevGenetics LLC from potential fraud or unauthorized communication regarding orders.
We value your privacy and will handle your identification documents with utmost care, in compliance with applicable data protection laws
4. Shipping Policy and Handling of Damaged Products
RevGenetics LLC reserves the right to use alternative shipping carriers to ensure quality service. RevGenetics LLC is not liable for any delays, losses or issues with the product caused by carrier errors. For lost shipments not acknowledged as such by the carrier, we are unable to provide a replacement. We advise reaching out to your postal carrier for resolution.
Customers have 45 days from the shipment date to report a lost shipment; after 45 days, no claims for lost packages will be accepted. For shipments confirmed lost (acknowledged as lost by the carrier or insurer), RevGenetics' remedy is a one-time replacement shipment of the same product(s) at no additional product cost; RevGenetics does not issue monetary refunds for lost shipments, except where required by applicable law (such as for EU/EEA consumers) or as a discretionary exception RevGenetics may grant in an individual case. Replacement shipments may take up to 20 days to dispatch for US customers and 40 days for international customers, to allow for carrier confirmation. If an immediate replacement is needed, we suggest placing a new order; if the original shipment is subsequently confirmed lost, a replacement credit or other accommodation will be applied at RevGenetics' discretion.
If you receive products that are damaged or have incorrect quantities, please contact our Customer Service Department at Orders@RevGenetics.com within 48 hours. Failure to do so will prevent us from being able to offer a solution or replacement. Be sure to take photos of the package and the products received, as these are required to process any claims. Do not dispose of any damaged products or packaging without instructions from Customer Service, as they may need to be returned. For verified claims of damaged, missing, or defective merchandise, RevGenetics' remedy is a replacement shipment of the affected product(s); RevGenetics does not issue monetary refunds for damaged, missing, or defective items, except where required by applicable law (such as for EU/EEA consumers) or as a discretionary exception RevGenetics may grant in an individual case. You must report any damaged, missing, or defective merchandise within seven days of delivery. After this period, you acknowledge that no claims regarding physical issues, such as damage or incorrect quantities, can be reported, and no returns or exchanges will be accepted.
Most deliveries do not require a signature. By choosing standard shipping, you waive the right to customer-signed Proof of Delivery in any merchant chargeback dispute. Carrier's proof of delivery is considered as conclusive evidence of product delivery.
A. Free Shipping Policy
- Free shipping is available to select countries and orders, primarily within the USA. Some countries do not qualify for free shipping, and supplements may not be allowed across their borders. By ordering from these countries, you assume full responsibility for the package and agree that no refunds will be issued in case of loss, damage, destruction, or return.
- Free shipping is limited to specific products. Combining a free shipping product with a non-free shipping product will incur shipping charges.
- RevGenetics reserves the right to select the shipping carrier for free shipping, which may take 1-2 months for international deliveries. If faster shipping is required, choose DHL Express Worldwide if it is available.
- If Free Shipping is not offered at checkout, it is not available for your location.
- Free Shipping is not applicable retroactively after the order has been shipped.
- If a package shipped with Free Shipping is returned and needs reshipment, the customer must pay the shipping fee for the reshipment.
- Free Shipping is available only once per household in a 30-day period.
- For returns, items shipped with Free Shipping within the US are subject to a 10% restocking fee (minimum $5.50). International returns are governed by the "International Returns, EU/EEA Rights, and Refunds" section below, which sets out international return costs, restocking and handling charges, unsaleable-goods deductions, and refunds.
Customers are advised to purchase insurance whenever possible for their shipments if they have any concerns regarding delivery.
5. International Orders and Shipping Policy
RevGenetics LLC displays estimated prices in various currencies for your convenience. However, these estimates may not be accurate. Please note that all transactions, except cryptocurrency, will be processed in US Dollars (USD). The customer is solely responsible for any international transaction fees, foreign transaction fees, currency conversion fees, and fluctuations in currency rates. Any refunds issued by RevGenetics will be in USD and based on the conversion rate at the time of the transaction. The customer is also responsible for any fees charged by their bank or credit card company for any transaction, charge, refund, or cancellation.
As the consignee/buyer, you authorize RevGenetics LLC to import goods on your behalf, and understand that RevGenetics LLC may delegate this obligation to a subcontractor (e.g., customs broker). Taxes and duties, in addition to the purchase price of the goods, will be borne by the consignee.
Requirements for International Orders
A valid email address, physical address, and contact phone number are mandatory for international orders. We will not process international orders without this information.
Shipping Options and Tracking
First Class International shipping is provided via postal services and does not include electronic tracking. Deliveries to Canada and Europe generally take 1-2 weeks, while deliveries to Asia and the Pacific may take 2-3 weeks. While this method is cost-effective, RevGenetics cannot guarantee delivery or offer refunds for this shipping method. By choosing First Class International shipping, you waive your right to customer-signed Proof of Delivery in any merchant chargeback dispute, and accept our shipment notification email with the delivery number as conclusive proof of delivery.
For trackable shipping options, please select an alternative shipping method.
Taxes, Customs, and Duties
International Returns, EU/EEA Rights, and Refunds
Customs, Duties, and Your Responsibility. The customer is responsible for all government limits, taxes, customs fees, and duties on international orders. By placing an international order you agree to provide a complete and accurate address, respond to any carrier or customs requests, pay any duties or taxes required for delivery, and collect your package. Refusing delivery, refusing to pay customs charges, or failing to collect a package is not a cancellation of your order and does not by itself entitle you to a refund except as required by law. Before ordering, please consider the taxes, duties, and import limits your country imposes.
Non-EU/EEA International Orders — No-Refund Policy. For customers outside the EU/EEA (including, for example, Switzerland, the United Kingdom, Canada, and all other non-EU/EEA destinations), all sales are final and RevGenetics does not issue monetary refunds, whether for returns, refused or uncollected packages, undeliverable shipments, or otherwise, except where required by applicable law or as a discretionary exception RevGenetics may grant in an individual case. For shipments confirmed lost or for verified damaged or defective items, the remedy is a replacement shipment as described in the Shipping Policy above. If a package is returned, refused, uncollected, or undeliverable due to an incorrect address, refusal to pay customs, or failure to collect, no refund is issued, the original outbound shipping charge is not recoverable by the customer, and the customer remains responsible for the return shipping fees, carrier penalties, and unpaid duties billed to RevGenetics. The customer may arrange redelivery as described below for an additional shipping fee. Because RevGenetics' products are consumable goods, any product with a broken or opened protective seal cannot lawfully be resold and must be discarded; the customer agrees that the diminished value of such an opened or used product equals its full purchase price. For capsule and tablet products supplied in bottles, the protective seal consists of the tamper-evident plastic neckband and/or the internal heat- or pressure-induction seal; breaking, cutting, or removing either constitutes opening the seal. For powder products, the protective seal consists of the tamper-evident plastic neckband or outer seal; powder products intentionally do not carry an internal heat or pressure seal, because such seals can introduce adhesive or material residue into pure powders, and the external seal therefore serves as the product's hygiene seal — breaking or removing it constitutes opening the seal. Discretionary Exceptions: If RevGenetics, in its sole discretion, elects to issue a refund in an individual case, that refund will be calculated net of the actual return shipping fees, carrier penalties, and unpaid duties billed to RevGenetics, a restocking and handling charge consistent with the rate described in Section I.4 (minimum $5.50), and the full diminished value of any opened or used product; granting an exception in one case creates no obligation to do so in any other. Package Abandonment: If the cost to return the package equals or exceeds the value of the products, RevGenetics may instruct the carrier to abandon or dispose of the package, and no refund will be issued.
EU/EEA Right of Withdrawal (14-Day Cooling-Off Period). If you are a consumer residing in the European Union or European Economic Area, you may withdraw from your purchase within 14 days of receiving the goods by giving RevGenetics a clear statement of withdrawal (by email to orders@revgenetics.com or by post). This 14-day period runs from the day you receive the goods, provided you have been informed of this right. If you validly exercise this right, RevGenetics will refund the price of the goods returned and the original standard outbound delivery cost (RevGenetics is not required to refund the extra cost of any upgraded or express delivery you selected). You are responsible for the direct cost of returning the goods, which is disclosed to you here before purchase. After the applicable withdrawal period has closed, the order is final and no further no-reason refund is owed, except where applicable law requires (such as the EU/EEA legal guarantee for goods that are defective or not as described).
Sealed Consumable Goods — Health and Hygiene Exemption. RevGenetics supplements and consumable products are supplied with a protective seal for health and hygiene reasons. In accordance with the EU/EEA Consumer Rights Directive exemption for sealed goods which are not suitable for return due to health protection or hygiene reasons, the 14-day right of withdrawal does not apply to any such product once its protective seal has been opened or broken. In addition, for any returned product, RevGenetics may reduce the refund to reflect any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods; for opened or partially consumed consumable products that cannot be resold and must be discarded, this diminished value may equal the full value of the product. This section does not affect a consumer's rights in respect of goods that are defective or not as described.
EU/EEA Refused or Uncollected Packages (Not a Withdrawal). If you do not send a withdrawal statement but instead refuse delivery, decline to pay local customs or VAT, or fail to collect the package, and the carrier returns it to RevGenetics, this is treated as a failure to receive the goods rather than a cooling-off withdrawal. RevGenetics will refund the price of the goods and the original standard outbound delivery cost, less the actual documented return shipping fees, carrier penalties, and unpaid duties billed to RevGenetics by the carrier. RevGenetics deducts only the actual documented amounts, never an arbitrary or punitive amount, and can provide the carrier's invoice on request.
Handling Charge — EU/EEA. A handling charge consistent with the restocking and handling rate described in Section I.4 may also be applied to EU/EEA returns to the maximum extent permitted by applicable law. To the extent any portion of that handling charge is not permitted to be deducted from a refund owed to a consumer residing in the EU/EEA, that portion is automatically reduced to zero for that consumer, without affecting RevGenetics' right to deduct the actual documented return shipping fees, carrier penalties, and unpaid duties, and without affecting any other provision of these Terms.
Inspection, Refund Timing, and Late-Billed Charges. All returned, refused, or uncollected packages are subject to inspection upon arrival at our warehouse before any refund is issued. Inspection includes verifying that any protective seal is intact and has not been opened, broken, or tampered with. No refund will be issued until inspection is complete. Refunds are further subject to final determination of all shipping, return, carrier, customs, duty, and VAT charges billed to RevGenetics in connection with the order. Because carriers and customs authorities frequently invoice these charges days or weeks after a package is returned (in some cases 30 days or more later), the customer acknowledges and agrees that refund processing may be delayed accordingly, and that the final refund amount is calculated only once all such charges are known to RevGenetics. If RevGenetics issues a refund before all such charges are received, the customer authorizes RevGenetics to deduct or separately recover any return shipping fees, carrier penalties, duties, or VAT that are billed to RevGenetics after the refund, consistent with the deduction and cost-recovery provisions of these Terms. For consumers residing in the EU/EEA, RevGenetics may withhold any refund owed until the returned goods are received and inspected, as permitted by applicable law, and will then issue any refund due within the period required by law, net of amounts properly deducted under these Terms.
Redelivery and Held Packages. If an order is returned due to restrictions, banned products, an incorrect address, inability to communicate with customs, or failure to provide necessary documentation, you may contact us within 30 days to arrange redelivery to an alternative address or to reattempt delivery for an additional shipping fee. Packages not redelivered within this timeframe will be held at our office and discarded after 30 days.
Chargebacks. By completing a purchase you agree to these shipping, customs, return, and refund policies, including your responsibility for the direct costs of returning goods and for unpaid duties. If a package is returned because you refused or failed to collect it or failed to pay customs, and you initiate a chargeback for amounts properly withheld or deducted under these Terms, RevGenetics will submit these agreed Terms, the order and tracking history, proof of your acceptance at checkout, and the carrier's penalty invoice to the payment processor or bank to dispute the chargeback. Nothing in this section limits the rights of EU/EEA consumers under applicable law.
In the rare event that a package is sent to a previous address, your cooperation in retrieving the package is appreciated. This may include providing contact information for the current resident or retrieving the package in person.
Additional Verification for First-Time International Customers
First-time international customers with orders exceeding $81 may be asked to provide additional verification to protect against unauthorized use of information. If necessary, we will contact you via email requesting documents such as the front page of your credit card statement, or copies of the front and back of your credit card along with a utility bill displaying your shipping address. We only require the credit card company's logo, address, your name, address, and the last four digits of your card. No purchase history is needed. Your information will be used solely for verification purposes. Please fax documents to +1 866-430-3953 or email them to orders@revgenetics.com.
6. Recurring Orders Policy
A "Recurring Order" refers to an order in which the customer selects a product tagged with the term "recurring" or "subscription" in the product description on the invoice. The customer acknowledges and agrees that by opting for this product, they authorize RevGenetics LLC to automatically ship the chosen product(s) and bill their account for at least two shipments within a six (6) month period post the initial order. Please note that Recurring Orders are non-refundable and not eligible for the 30-day money-back guarantee.
Benefits of Recurring Orders
- Price Protection: Customers subscribing to Recurring Orders are insulated against any future price increases.
- Priority Shipment: Recurring Order customers receive priority in product shipment, especially in cases of low stock.
- Flexible Scheduling: Customers can adjust the shipment schedule or pause it by contacting Orders@RevGenetics.com.
Changes and Cancellation of Recurring Orders
Changes or cancellations to Recurring Orders must be communicated via email to Orders@RevGenetics.com at least three (3) business days prior to the next scheduled shipment. Any changes communicated later than this may not be accommodated. Note that we are unable to issue refunds for Recurring Orders; only future deliveries can be halted.
In the event that RevGenetics LLC runs out of stock on a specific recurring product, you grant permission to RevGenetics LLC to defer the shipment until the product is back in stock or a suitable alternative has been agreed upon. In cases where a product is discontinued, RevGenetics reserves the right to cancel your Recurring Order.
If a Recurring Order is cancelled prior to the receipt of the minimum number of shipments, a correction will be applied to the order to reflect the actual shipping costs and any difference in product pricing between the recurring subscription and the single purchase price. In such cases, a shipping fee of $5.50 or the actual shipping and handling costs, whichever is higher, will be charged for each Recurring Order that was shipped. By making a purchase from RevGenetics, you consent to allow any necessary corrections to be made to your order which may include additional charges or refunds to your payment method. For international transactions, you accept the exchange rates at the time the correction is executed.
RevGenetics LLC holds the discretion to modify the Recurring Orders Policy at any time. Customers will be notified of significant changes affecting their subscription.
7. Delayed Orders and Authorized Charges
Customers acknowledge that there may be occasional delays in processing orders, shipments, or billing due to various reasons such as backorders, safety assessments, or technical issues.
Authorization and Charging: You consent that RevGenetics LLC is authorized to charge your credit card or any payment method on file to rectify an issue, or to facilitate uninterrupted service for recurring orders. This authorization is valid for up to 360 days following the initial order date. Additionally, RevGenetics LLC reserves the right to share pertinent information with credit bureaus to resolve payment issues.
Failure of Payment: In cases where a chargeback is initiated, a check is dishonored, or any other payment method fails, the customer is required to settle the account balance within 30 days of the initial purchase date. Failure to do so will incur a monthly finance charge of 10% or the maximum permitted by law.
Recovery Fees: Upon initial failure of payment, RevGenetics LLC will impose recovery fees to the amount due. This includes a RevGenetics recovery fee of $35, along with any additional fees levied by merchant services and any legal or collection expenses incurred in the course of recovering the payment. The total amount owed will consist of the original amount, recovery fees, and any accrued finance charges.
Rationale for Charges: These fees and charges have been instituted in response to instances where customers have initiated chargebacks following orders that used first-class shipping, which does not provide signature confirmation. As these cases necessitate the involvement of collections agencies and credit bureaus, they generate significant expenses for RevGenetics LLC. These measures are aimed at mitigating fraudulent orders, safeguarding RevGenetics LLC's interests, and maintaining low costs for our genuine customers.
8. Description of Services
Scope: RevGenetics LLC offers various services on this site, which may include, but are not limited to, the sale and distribution of foods, nutritional supplements, health and beauty products and vitamins. The associated fees for these services are detailed under the membership and service fees section on this site.
Customer Responsibilities: Customers are solely responsible, at their own expense, for procuring all equipment and services necessary to access and use the services on this site. This includes, but is not limited to, computers, modems, and internet access, along with any associated fees.
Modification or Discontinuation: RevGenetics LLC reserves the right, in its sole discretion, to modify, discontinue, or alter any aspects of the site or its services, including features and pricing, at any time and without prior notice. RevGenetics LLC shall not be liable to you or any third party for any modification, suspension, or discontinuation of the site or services.
Temporary Interruptions and Third-Party Networks: Customers acknowledge that there may be temporary interruptions in services due to routine maintenance, server downtime, or other factors. Furthermore, RevGenetics LLC does not have control over third-party networks or services that may be accessed in the course of using this site. As such, RevGenetics LLC is not responsible for any delays, disruptions, or other issues that may arise from using third-party networks.
AS-IS Basis: The services available on this site are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied. RevGenetics LLC expressly disclaims any warranties for the security, reliability, timeliness, and performance of the services. The company is not responsible for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. By using the services, you agree to assume all risks associated with such use, and you expressly agree that RevGenetics LLC will not be liable for any damages arising from your use of or inability to use the services.
9. Registration Data and Privacy
Account Creation: To access certain services on this site, you may need to create an account. This involves completing our online registration form, which will require you to provide certain information and data ("Registration Data"). It is imperative that you provide true, accurate, current, and complete information in the Registration Data. You also agree to promptly update this information to ensure it remains current, complete, and accurate.
Data Usage: By creating an account, you grant RevGenetics LLC the right to use your Registration Data for the purposes of providing services, processing orders, and improving the overall user experience. Additionally, you authorize RevGenetics LLC to disclose certain Registration Data to third parties, in accordance with our Privacy Policy, for the purposes including but not limited to marketing, analytics, and service improvements.
International Transactions and Data Protection: As a global company, RevGenetics LLC may transfer your data across borders, and by using our services you consent to such transfer. However, when dealing with the European Union, we shall comply with the applicable laws and regulations concerning data protection. If you are located in the EU, please be advised that while we strive to protect your privacy, the protection afforded by EU law may not be equivalent in other countries.
Privacy Policy: The collection, use, and disclosure of information obtained through your use of this site, including Registration Data, are governed by our Privacy Policy, which is hereby incorporated by reference into these Terms of Use.
Limitation of Liability: RevGenetics LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of the use or disclosure of your Registration Data. This limitation applies irrespective of whether the damages were foreseeable or whether RevGenetics LLC was advised of the possibility of such damages.
10. Payment of Fees
Payment Obligation: If you place an order for a product or service that requires payment, you are obliged to pay all fees associated with such product or service. RevGenetics LLC will bill the credit card you provide. Fees for recurring services are billed in advance. You must provide accurate and complete billing information including a valid credit card, your name, address, and telephone number. You are responsible for informing RevGenetics LLC of any changes to your billing information within seven (7) days of the change.
Non-Payment: If your credit card company refuses to authorize payment, RevGenetics LLC reserves the right, at its discretion, to suspend or terminate your subscription to the service. You may be required to pay any overdue amounts through alternative means acceptable to us. Additionally, RevGenetics LLC reserves the right to charge a reinstatement fee for any suspended or terminated accounts.
Continued Accrual of Charges: You agree that as long as your subscription is active, you will continue to accrue charges for which you are responsible, regardless of whether you utilize the services.
Collection and Legal Actions: In the event that RevGenetics LLC has to take legal action to recover unpaid balances, you agree to reimburse RevGenetics LLC for all expenses incurred in the recovery effort, including but not limited to attorney fees, court costs, and any other legal expenses.
Authorization to Employ Collection Measures: You expressly authorize RevGenetics LLC to employ any lawful means necessary to secure payment when a balance is overdue. This includes, but is not limited to, contacting you by telephone, mail, or email, engaging collection agencies, and reporting delinquent payment to credit bureaus.
Limitation of Liability and Indemnification: RevGenetics LLC is not liable for any incidental, indirect, consequential, punitive, or special damages of any nature whatsoever arising out of or related to providing or receiving services under these terms. Additionally, you agree to defend, indemnify, and hold harmless RevGenetics LLC and its agents, contractors, officers, directors, shareholders, and employees against any losses, claims, damages, costs, penalties, or expenses (including reasonable attorney's fees) that may be incurred as a result of your breach of these payment terms.
11. No Medical Advice or Claims
Disclaimer: RevGenetics LLC exclusively sells foods and dietary supplements and does not engage in providing medical advice, diagnoses, or any professional healthcare services. The information and content available on this site, including product descriptions and testimonials, are for informational purposes only and should not be construed as medical advice.
Consultation with Healthcare Professionals: It is highly recommended that you consult with a qualified healthcare professional prior to using any products available on this site, particularly if you have any underlying health conditions, are pregnant, nursing, or taking medication. You agree not to purchase any food or supplement if you have any illness, without first consulting with your physician. By purchasing our foods or supplements you assure us that you are healthy, have no medical issues and will consult your physician before taking any supplements purchased. Your decision to purchase and consume any products from this site signifies your acknowledgement of the importance of engaging in a discussion with a healthcare professional.
Regulatory Compliance: RevGenetics LLC is committed to compliance with the regulations set by the Food and Drug Administration (FDA), the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and other relevant government agencies. All advertising and product information are consistent with the legal requirements and written government approved guidelines provided by these agencies. RevGenetics LLC does not make any claims that products can diagnose, treat, cure, or prevent any diseases.
Limitation of Liability: The content and information on this site, including product descriptions, are provided "AS-IS" without any warranties, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The opinions and information posted on this site are derived from sources believed to be reliable; however, RevGenetics LLC makes no representation or warranty as to their accuracy or completeness. Neither RevGenetics LLC, nor its employees, authors, or associates, shall be held responsible or liable for the accuracy, usefulness, or availability of any information posted on this site. Under no circumstances shall RevGenetics LLC be liable for any loss or damage caused by your reliance on information obtained through this site.
12. Acceptance of Terms and Conditions and Electronic Signatures
Explicit Agreement: By accessing and using this site, whether by clicking on any link, button, or other interactive elements, or by engaging in any transactions including completing the registration or shopping process, you are explicitly acknowledging and agreeing to be bound by these Terms and Conditions. This explicit agreement acts as a legal binding contract between you and RevGenetics LLC.
Electronic Signature: Your actions, including but not limited to, accessing, clicking, or interacting with any part of this site, and/or providing any information during registration or shopping process, constitute your electronic signature. This electronic signature is equivalent to a written signature as provided under the U.S. ESIGN Act of 2000 and other applicable laws. By engaging in these actions, you affirmatively consent and agree to be bound by these Terms and Conditions.
Acknowledgment of Understanding: By using this site, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained herein. If you do not agree with these terms and conditions, you are advised not to use this site or avail any of its services.
Verification and Information Accuracy: You are required to provide true, current, and complete information when interacting with this site. If RevGenetics LLC has reasonable grounds to suspect that the information you provided is not current, untrue, or inaccurate, or if there is evidence that these Terms and Conditions have not been complied with, RevGenetics LLC reserves the right to suspend or terminate your access to the site and refuse any and all current or future use of the services (or any portion thereof) at its sole discretion.
Indisputable Acceptance: Your access and use of this site is recorded. By engaging with the site, you acknowledge that these records constitute indisputable evidence of your acceptance of these Terms and Conditions. You waive any right to dispute or contest the validity of your agreement to these Terms and Conditions based on your use of the site.
13. Conduct on Site
Compliance with Laws and Regulations: Your use of this site must be in strict compliance with all applicable laws, regulations, and community standards. You are solely responsible for the contents of your communications and actions through the site.
Prohibited Conduct: By engaging with this site in any manner, including posting information, using any product, webpage, or service, you expressly agree not to engage in the following conduct:
- (a) Engage in unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or tortious behavior, or any behavior that violates our rules or policies.
- (b) Victimize, harass, degrade, or intimidate any individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
- (c) Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
- (d) Engage in unauthorized advertising, spamming, or any form of unauthorized solicitation, or any form of lottery or gambling.
- (e) Introduce software viruses or any other malicious code that attempts to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
- (f) Impersonate any person or entity, including any of our employees or representatives. Submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals.
- (g) Use, display, mirror, or frame the Services or any individual element within the site, RevGenetics LLC's name, trademarks, logos, or other proprietary information, or the layout and design of any page or form contained on a page, without RevGenetics LLC's express written consent.
- (h) Access, tamper with, or use non-public areas of the Services, RevGenetics LLC's computer systems, or the technical delivery systems of RevGenetics LLC's providers.
- (i) Attempt to probe, scan, or test the vulnerability of any RevGenetics LLC system or network or breach any security or authentication measures.
- (j) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by RevGenetics LLC or any of RevGenetics LLC's providers or any other third party to protect the Services or Content.
- (k) Attempt to access or search the Services or Content, or download Content from the Services through the use of any engine, software, tool, agent, or device not provided by RevGenetics LLC or other generally available third-party web browsers.
- (l) Extract, scrape, index, copy, or mirror the Services or Content or portions thereof without express written consent.
- (m) Use any meta tags or other hidden text or metadata utilizing a RevGenetics LLC trademark, logo, URL, or product name without express written consent.
- (n) 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.
- (o) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or Content.
- (p) 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.
- (q) Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or RevGenetics LLC's infrastructure.
- (r) Delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content.
- (s) Use the Services or Content, or any portion thereof, for any commercial or government purpose or for the benefit of any third party in a manner not permitted by these Terms.
- (t) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission.
- (u) Violate any applicable law.
- (v) Encourage or enable any other individual to do any of the preceding.
Liability Waiver: RevGenetics LLC is not responsible for the content uploaded or submitted by third-party users. Though not obligated, RevGenetics LLC reserves the right to monitor, edit, or remove content that does not comply with these Terms of Use or is harmful, objectionable, or inaccurate.
Termination and Cooperation with Law Enforcement: RevGenetics LLC reserves the right to terminate your membership or access to the site for violating any of the conduct provisions without prior notice. Additionally, RevGenetics LLC will fully cooperate with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Liquidated Damages: Should you violate these conduct provisions, and RevGenetics LLC incurs any costs, losses or damages, direct or indirect, including but not limited to legal fees, as a result of such violation, you agree to compensate RevGenetics LLC for all such costs, losses or damages. Furthermore, you agree that RevGenetics LLC may seek injunctive relief against you to prevent further violations.
14. Intellectual Property and Advertising Information
Copyright © 2019-2024 RevGenetics LLC. All Rights Reserved.
For the purpose of these Terms of Use, "content" refers to all information, communications, software, photos, videos, graphics, music, sounds, and other materials and services that can be viewed by users on our site. This includes message boards, chat, and other original content.
By accepting these Terms of Use, you acknowledge that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The content is the exclusive property of RevGenetics LLC and/or its affiliates. You commit to exercising the utmost care and diligence in utilizing the content.
Good Faith Collaboration: Should you identify any issues with the text used in advertising, claims, benefits, labels, statements, or any copy on our website, ads, or text outside of the website, you agree to notify RevGenetics in writing, providing details of the specific text issue, error, and webpage. This must be done in good faith with the intent to allow RevGenetics to rectify the issue within 30 days of notification. Government entities or employees shall notify RevGenetics within 7 days of the initial finding, and provide a reasonable opportunity, not less than 6 months, for corrective actions to be completed if necessary, before initiating any formal action or public report.
Recalls: You agree that recalls of products that utilize RevGenetics intellectual property will only be initiated for products that are unsafe or ineffective. Any other action such as the withdrawal of products from the market will only be taken if there is an imminent health risk.
Authorized Use: You are only permitted to use the content as expressly authorized by RevGenetics or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from RevGenetics or the specific content provider. Unauthorized use of materials may result in legal consequences.
Warranties and Infringement: Neither RevGenetics nor its affiliates warrant that your use of materials displayed on or obtained through this site will not infringe the rights of third parties. If any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, they should follow the procedures described in the "Claims of Infringement" section below.
Trademarks: All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of RevGenetics or its affiliates. All other trademarks or service marks are the property of their respective owners. These Terms of Use do not grant you any rights to use any trademark, service mark, logo, and/or the name of RevGenetics or its affiliates without express written consent.
15. User's Materials
Subject to our Privacy Policy, any communication or material transmitted to this site or to us, via electronic mail or other means, will be deemed non-confidential and non-proprietary. Although you retain all rights in such communications or material, you grant RevGenetics and its authorized sublicensees an irrevocable, royalty-free, perpetual, and worldwide license to use, copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise utilize such material for any purpose, irrespective of the form or medium (whether known now or developed later).
To safeguard RevGenetics interests, do not submit confidential or proprietary information unless there is a mutual written agreement to the contrary. Furthermore, RevGenetics does not accept unsolicited ideas or proposals, so please refrain from submitting them under any circumstances.
RevGenetics respects intellectual property rights and expects the same from you. If you or any user of this site believes that a posting on this site infringes upon copyright, trademark, or other property rights, please send notification to our Designated Agent immediately, adhering to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c).
Notification must include:
- A physical or electronic signature of an authorized representative of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Contact information for the complaining party, such as an address, telephone number, and email address.
- Identification of the material that is claimed to be infringing with information to locate the material.
- A statement expressing a good faith belief that the material's use is unauthorized by the copyright owner, agent, or law.
- A statement, under penalty of perjury, that the information in the notification is accurate and the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Recourse: Following receipt of a notice of a claim of copyright infringement, RevGenetics may promptly remove the identified materials from our site without any liability. The complaining party and the party that originally posted the materials will be subject to legal scrutiny and possible actions by the United States Copyright Office as provided in the Digital Millennium Copyright Act.
Designated Agent for Claimed Infringement:
℅ Anthony LoeraRevGenetics, LLC
16782 SW 88th St #357
Miami, FL 33196
www.revgenetics.com
Limitation on Liability: In no event shall RevGenetics be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, arising from your use of the materials or content, even if RevGenetics has been advised of the possibility of such damages.
16. Warranty Disclaimer
DISCLAIMER OF WARRANTIES: ALL MATERIALS, PRODUCTS, AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. REVGENETICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. REVGENETICS DOES NOT REPRESENT OR WARRANT THAT MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
REVGENETICS MAKES NO WARRANTY THAT (a) THE MATERIALS, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE MATERIALS, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS, PRODUCTS, OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (d) THE QUALITY OF ANY MATERIALS, PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
NO RELIANCE: THIS SITE MAY CONTAIN TECHNICAL MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. REVGENETICS RESERVES THE RIGHT TO MAKE CHANGES TO THE MATERIALS AND SERVICES AVAILABLE ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT PRIOR NOTICE. REVGENETICS DOES NOT WARRANT THAT THE MATERIALS, PRODUCTS, AND SERVICES AT THIS SITE WILL BE UP TO DATE, AND REVGENETICS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
ASSUMPTION OF RISK: YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, PRODUCTS, SERVICES, AND ANY THIRD PARTY WEBSITES, PRODUCTS OR SERVICES. YOUR USE OF THIS SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. REVGENETICS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
COMMERCIAL TRANSACTIONS: YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDISE AND SERVICES AND YOU. REVGENETICS MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY REVGENETICS OR ANY OF ITS AFFILIATES.
OPINIONS AND STATEMENTS: Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with RevGenetics. RevGenetics does not endorse, nor is it responsible for the accuracy, reliability, or completeness of any opinion, advice, or statement made by anyone other than an authorized RevGenetics spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.
17. Limitation of Liability
EXCLUSIVE REMEDY: In the event that you have any grievance, claim or cause of action arising out of or relating to these Terms of Use or your utilization of this site, you concur that your exclusive remedy will be limited to the direct damages you actually incur, not to exceed the total amount paid by you to RevGenetics for the products or services on this site during the three (3) month period immediately preceding the date on which the claim arose.
NO INDIRECT DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVGENETICS OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, DEATH, LOSS OF REVENUES, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR BUSINESS INTERRUPTION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, OR ANY THIRD-PARTY SITES REFERENCED OR LINKED TO FROM THIS SITE, EVEN IF REVGENETICS, OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIRD-PARTY GOODS AND SERVICES: REVGENETICS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. ANY DEALINGS WITH THIRD PARTIES (INCLUDING ADVERTISERS) INCLUDED WITHIN OR AVAILABLE THROUGH A LINK ON THE REVGENETICS WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY (INCLUDING ISSUES RELATED TO THE CONTENT OF THIRD PARTY ADVERTISEMENTS, PAYMENTS, DELIVERY OF GOODS, WARRANTIES, PRIVACY AND DATA SECURITY, AND THE LIKE). REVGENETICS IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY YOUR DEALINGS WITH THESE THIRD PARTIES.
APPLICABLE LAW: Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations may not apply to you. In such jurisdictions, RevGenetics liability shall be limited to the greatest extent permitted by law.
18. INDEMNIFICATION
IMPORTANT NOTICE: BY ACCESSING, USING, OR PURCHASING ANY PRODUCT FROM THIS WEBSITE, OR ANY OF OUR PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING INDEMNIFICATION TERMS WHICH ARE CRUCIAL FOR THE LEGAL PROTECTION OF REVGENETICS AND ASSOCIATED PARTIES:
- Indemnity Obligations: You agree to indemnify, defend, and hold harmless RevGenetics, its agents, affiliates, contractors, officers, directors, shareholders, employees, representatives, licensors, suppliers, and any third-party information providers (collectively, the "Protected Parties") from and against any and all liabilities, claims, damages, losses, costs, penalties, and expenses, including reasonable attorney's fees, arising out of or in connection with your use or misuse of this website, products, or services, any violation of these Terms of Use, or any activity related to your account (including, but not limited to, negligent or wrongful conduct), whether such activity is undertaken by you or any other person accessing the site using your account.
- Reservation of Rights: RevGenetics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with RevGenetics in asserting any available defenses and in providing all necessary information, assistance, and authorizations required for the defense of any claim or action.
- Notice of Claims: Upon becoming aware of any claim, action, or proceeding that may give rise to indemnification obligations under these Terms of Use, you must promptly notify RevGenetics in writing a the contact address provided, and provide all relevant information. Failure to provide timely notice shall not relieve you of your indemnification obligations unless such failure materially prejudices RevGenetics ability to defend against the claim.
- Waiver of Consequential Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS AGAINST THE PROTECTED PARTIES FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, PRODUCTS, OR SERVICES.
19. AGREEMENT TO ARBITRATE
You and RevGenetics, including its affiliates, agree that any dispute, claim, or controversy arising out of or relating to these Terms (including Section I and Section II), the products, services, or materials, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes"), will be resolved exclusively through binding individual arbitration, except as expressly provided in the "Emergency and Provisional Relief" subsection below. This Agreement to Arbitrate governs all Disputes under both Section I and Section II of this TOS.
- Delegation — Arbitrator Decides Arbitrability: You and RevGenetics agree that the arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable. This delegation applies equally under Section I and Section II so that the question of "who decides" is consistent throughout this TOS.
- Your Right to Opt Out: This Agreement to Arbitrate does not apply to you if you timely opt out in the manner described in the "YOUR RIGHT TO OPT OUT OF ARBITRATION" notice at the beginning of this TOS (written notice by postal mail, postmarked within thirty (30) days, to the Miami address provided). If you opt out, Disputes will be resolved in the courts identified in the "Governing Law" section.
- Emergency and Provisional Relief (Sole Court Exception): Notwithstanding the agreement to arbitrate, either party may apply to a court of competent jurisdiction located in Miami-Dade County, Florida solely for emergency, temporary, or preliminary injunctive relief to prevent the actual or threatened infringement, misappropriation, or unauthorized use of a party's copyrights, trademarks, trade secrets, patents, User Content, or other intellectual property, or to preserve the status quo pending arbitration. Seeking such relief is not a waiver of the right or obligation to arbitrate, and once the court rules on the request for emergency or provisional relief, the underlying Dispute (including any request for permanent relief or damages) shall be resolved in arbitration. This is the only circumstance in which a Dispute may be brought in court (other than where a party has validly opted out under subsection B), and it is a single, narrow exception within this one Agreement to Arbitrate — not a separate or conflicting dispute-resolution agreement.
- Waiver of Class Actions and Jury Trial: You and RevGenetics each waive any right to a trial by jury and any right to bring, join, or participate as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request shall be severed and decided by a court, while all other claims shall remain in arbitration.
- Arbitration Rules: Any Dispute shall be resolved through binding arbitration in accordance with the rules of net-ARB.com. Costs of arbitration shall be borne by the user initially and may later be apportioned by the arbitrator.
- Arbitration Process: To initiate arbitration, a written Demand for Arbitration must be sent by email. The parties will contact net-ARB.com to commence the process. If net-ARB.com refuses the case or if the parties cannot agree on initiating arbitration within seven (7) days, RevGenetics will select a new arbitration service within 90 days of the refusal and proceed with arbitration.
- Arbitrator's Decision: The arbitrator's decision will be final and binding. Judgment on the award may be entered in any court with jurisdiction. The arbitrator must abide by the limitations set forth in the "Limitation of Liability" section concerning types and amounts of damages. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The seat and venue of any arbitration shall be Miami-Dade County, Florida, USA, and each party waives any objection to that venue.
- Failure to Appear: If you fail to appear at the arbitration, the arbitrator may render a decision in favor of RevGenetics for the amount supported by the evidence in its Initial Dispute Statement and any fees incurred in initiating the Arbitration, to the extent permitted by the applicable arbitration rules.
- International Parties and Cross-Border Enforcement: This Agreement to Arbitrate applies to all parties regardless of nationality or location, including foreign individuals, foreign companies, foreign governments, and international entities, each of which agrees that Disputes shall be resolved by binding arbitration as provided herein. The parties intend that any arbitration award rendered under this Agreement be final and enforceable internationally, and they agree that such awards may be recognized and enforced in any competent jurisdiction, including under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention," 1958) and any other applicable treaty or law providing for the recognition and enforcement of arbitral awards. To the maximum extent permitted by applicable law, each party waives any objection to the enforcement of an award based on nationality, sovereignty, forum, or venue, and agrees not to assert that it is entitled to immunity (sovereign or otherwise) from arbitration or from enforcement of an award, except as required by applicable law.
20. LIMITATION OF ACTION
IMPORTANT: By using this website, or by purchasing or using any products, materials, or services from RevGenetics, you agree to the following limitations on bringing a claim:
- Time Limit for Claims Against RevGenetics: Notwithstanding any applicable statute or law to the contrary, you agree that any claim or cause of action that you (whether a customer, affiliate, visitor, browser, user, or any other party) bring against RevGenetics arising out of or related to these Terms, any agreement with RevGenetics, or your use of the Services, products, or materials, must be commenced within one (1) year after the cause of action accrues, consistent with the Agreement to Arbitrate section. Any such claim not brought within this one (1) year period shall be forever barred. This one (1) year limitation applies only to claims brought against RevGenetics and does not limit or shorten any time period within which RevGenetics may bring a claim against you, which is governed by subsection C below and by Section II.
- No Waiver: RevGenetics failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision in that or any other instance.
- Limitation of Actions for RevGenetics: Any claim that RevGenetics may have against you or any third party arising out of these Terms or any related agreement must be filed within the longer of (i) the statute of limitations applicable under the governing law, or (ii) the period expressly provided in these Terms for the type of claim at issue. For the avoidance of doubt, claims by RevGenetics arising out of or relating to a Commercial Use License or the unauthorized use of RevGenetics' Works are governed by the twenty-five (25) year period set forth in Section II, and the one (1) year limitation in subsection A above does not apply to and does not shorten RevGenetics' time to bring such claims.
21. GOVERNING LAW
IMPORTANT: The following section governs the legal jurisdiction and laws that will apply to any disputes arising from your use of this website, communications or any products or services purchased from RevGenetics:
- Control and Operation: This site, excluding any linked sites, is controlled and operated by RevGenetics from its offices within the State of Florida, United States of America. The site can be accessed from all 50 states in the United States, as well as other countries worldwide.
- Applicable Law: By accessing this site, you and RevGenetics agree that the statutes and laws of the State of Florida, United States of America, without regard to its conflict of laws principles, will govern all matters relating to the use of this site and any transactions, including the purchase of products and services through this site.
- International Users: If you are accessing this site from outside the United States, you are responsible for compliance with your local laws. RevGenetics makes no representation that materials on this site are appropriate or available for use in locations outside the United States.
- Jurisdiction and Venue: In the event that the Agreement to Arbitrate is held to be unenforceable or if it does not apply to the dispute, you agree and hereby submit to the exclusive personal jurisdiction and venue of the District of Miami-Dade County and the United States District Court for the Southern District of Florida with respect to such matters. This submission is intended to be mandatory and not permissive. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
22. ENTIRE AGREEMENT AND AMENDMENT
IMPORTANT: The following section establishes the entirety of the agreement between you and RevGenetics regarding your use of this site and any transactions you engage in through this site.
- Entirety of Agreement: These terms and conditions, along with any other policies or guidelines referenced herein, constitute the entire agreement and understanding between you and RevGenetics concerning the subject matter hereof and supersede all prior oral or written agreements, representations, or understandings between you and RevGenetics. There are no representations, agreements, arrangements, or understandings, oral or written, between or among you and RevGenetics relating to the subject matter of this agreement which are not fully expressed herein.
- Non-Alteration: These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s), verbal agreements, or written communication. Any attempt to alter, supplement, or amend this document, or to enter an order for products or services which are subject to additional or altered terms and conditions, shall be null and void, unless expressly agreed to in a written agreement executed by an authorized representative of RevGenetics.
- Conflict Resolution: To the extent that anything in or associated with this site, including but not limited to, advertisements, promotions, or communications is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence, and such conflicting or inconsistent materials should be disregarded.
- Amendment by RevGenetics: RevGenetics reserves the right to modify or amend these Terms of Use at any time without notice. Such modifications shall be effective immediately upon posting on this site. Your continued use of this site after such modifications are posted shall be deemed to constitute acceptance by you of such modifications.
23. MISCELLANEOUS
IMPORTANT: The following provisions pertain to additional rights and responsibilities between you and RevGenetics.
- Enforcement and Attorney's Fees: In any action or proceeding to enforce or interpret these Terms of Use, the substantially prevailing party will be entitled to recover its reasonable costs and attorney's fees, expert witness fees, and other costs of litigation or arbitration from the other party.
- Non-Assignable: You may not assign, transfer, or delegate your rights and obligations under these Terms of Use to any third party without the prior written consent of RevGenetics. Any unauthorized attempt to do so shall be null and void. RevGenetics may freely assign or transfer its rights and obligations under these Terms of Use.
- Force Majeure: RevGenetics shall not be liable for any failure or delay in the performance of its obligations hereunder arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; terrorism; acts of government; labor disputes; pandemics; network issues; interruptions in transportation; inability to secure necessary materials or resources; accidental loss or malicious actions by third parties, or any similar or dissimilar cause. Time for performance of any such obligation will be extended for the time period lost by reason of the delay.
- Severability and Independent Enforceability (Savings Clause): Each section, provision, and clause of these Terms is intended to be severable and independently enforceable. If any section, provision, or clause of these Terms is found to be unlawful, void, or for any reason unenforceable, in whole or in part, by a court or arbitrator of competent jurisdiction, then (i) that section, provision, or clause shall be modified and narrowed (blue-penciled) only to the minimum extent necessary to make it valid and enforceable while preserving, as far as possible, the original objectives and intent of the parties; (ii) if it cannot be so modified, it shall be severed; and (iii) in either case, the remaining sections, provisions, and clauses of these Terms shall remain in full force and effect and shall be enforced to the fullest extent permitted by law. The invalidity or unenforceability of any one section, provision, or clause (including, without limitation, any provision concerning government users, the Antideficiency Act, damages limitations, liquidated or license fees, or indemnification) shall not affect the validity or enforceability of the Agreement to Arbitrate, the intellectual-property provisions, the limitation-of-liability provisions, or any other section, provision, or clause, each of which is intended by the parties to stand on its own. The parties acknowledge that certain provisions address evolving and unsettled areas of law, and they intend that those provisions be enforced to the maximum extent the law permits, now or as the law may later develop.
- No Waiver: Any failure by RevGenetics to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision, nor shall it affect the validity of any part of these Terms, or the right of RevGenetics thereafter to enforce each and every provision.
24. Contact Information
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, 16782 SW 88th St #357, Miami, FL 33196, USA
II. COMMERCIAL RESEARCH IP & AFFILIATE TERMS OF USE
For purposes of our Affiliates Terms of Use, Commercial Intellectual Property, Government contracts, Government commercial use and research material purchases, the above sections are hereby incorporated by reference in addition to the following terms:
1. Commercial Use License
The following terms apply to any individual, company, government or entity (hereafter "Affiliate") using any materials, products, or services ("Work") accessible on this site, or in communications exceeding the limitations of the Personal Use License (Section 14), or committing any action listed in the prohibited uses (Section 13). By conducting any such activities, the Affiliate implicitly agrees to purchase a Commercial Use License from RevGenetics, which grants a revocable, non-exclusive, non-transferable license to access, view, and use one copy of the Work for commercial purposes. The Commercial Use License is contingent upon full adherence to these terms. If you are a government employee and you violate the Antideficiency Act, you will personally be responsible for any expenses that may result on top of criminal charges. This includes any commercial use of work, as stated in this section. Government employees that do not have contracting authority agree to the full TOS, assume personal liability for all commercial licenses and indemnifications in this agreement. Federal law allows fines of up to $75,000 for the first violation and $150,000 for additional ADA violations. States and local governments may allow additional fines.
Each instance of a Work or its separate image is subject to a unique Commercial Use License. Consequently, multiple commercial uses of various Works or distinct images of the same Work necessitate the purchase of multiple Commercial Use Licenses, one license per use or image. In essence, any usage that potentially or demonstrably impacts RevGenetics adversely, infringes local laws, DMCA, or any regulation, even if the license is subsequently revoked, will be considered a purchased Commercial Use License. The Affiliate agrees to remit the licensing fee and any additional late charges, irrespective of RevGenetics legal actions under state or federal law.
The term of the Commercial Use License commences on the date the Affiliate first uses the Work beyond the Personal Use License's scope, and continues until the one-year anniversary of the initial usage. This license renews automatically for successive one-year terms, unless the Affiliate notifies RevGenetics in writing, to the contact address provided, of their intent to discontinue, at least sixty (60) days before the term expiration. To this end, contact the copyright holder via email at anthony@revgenetics.com. In your email, please specify the particular Work(s) to be licensed, including its/their URL(s) on this website, products, or services, 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. Note, however, that RevGenetics reserves the right to terminate the Commercial Use License at any point, following the procedures outlined in these Terms.
The licensing fee, US$10,000.00 per Commercial Use License, is payable via bank wire at least two (2) days before the initial usage and ten (10) business days before any renewal. A late fee of US$150,000.00 is applicable if the payment isn't received within the stipulated time frame. This fee isn't prorated for partial use within the licensing term, and no refunds are issued for unused periods within the term.
Acknowledgment of Value; Reasonableness; Notice; and Contractual Remedy. As part of the consideration for accessing the Services and for any Commercial Use License, you agree to each of the following as binding contract terms:
- Proprietary and protected. You acknowledge that the Works are the proprietary property of RevGenetics, are protected by copyright, trademark, and other intellectual-property rights, and have substantial commercial value to RevGenetics. You agree to treat the Works as valuable, protected intellectual property of RevGenetics.
- Agreed reasonableness of the fee. You agree that the Commercial Use License fee represents a reasonable, good-faith measure of the fair value of a license and of the harm RevGenetics is likely to suffer from unauthorized use (including lost licensing revenue, dilution of the value of its content, loss of brand control, and detection and enforcement costs), that such harm is difficult to quantify, and that the fee is not a penalty. You agree not to contest the reasonableness of the fee as a measure of contractual damages, and that this acknowledgment may be considered in any arbitration or proceeding.
- Notice and willful, knowing breach. If RevGenetics provides you with written notice (including by email) that you are using a Work without authorization or beyond the scope of a Personal Use License, and you continue or repeat such use after receiving that notice, you agree that such continued or repeated use constitutes a knowing, willful, and material breach of these Terms as of the date of the notice, and that RevGenetics' notice is admissible evidence of your knowledge and intent.
- Contractual remedy independent of registration. You agree that the Commercial Use License fee and the other amounts described in these Terms are owed as an agreed contractual remedy arising from your acceptance of these Terms, and are payable regardless of whether the specific Work at issue is registered with any copyright office or other registry. This contractual obligation is independent of, and in addition to, any statutory or other remedy that may separately be available to RevGenetics under applicable law (including statutory remedies that may require registration); nothing in this paragraph creates, or purports to create, any statutory right or remedy that applicable law makes contingent on registration or any other prerequisite, and this paragraph does not characterize any Work's legal status for purposes of any statute.
2. Affiliate of RevGenetics
From time to time, RevGenetics may operate one or more affiliate, referral, creator, or influencer programs through third-party platforms or networks (each, an "Affiliate Platform"), which may include, without limitation, platform-native programs such as those offered by Shopify, TikTok, or other social-commerce, e-commerce, or affiliate-network providers RevGenetics may use now or in the future. Persons who enroll in any such program (each, an "Affiliate") are granted a temporary, revocable, performance-based Commercial Use License. This license permits the use of one copy of the Work solely for authorized affiliate marketing purposes, subject to any minimum performance requirement RevGenetics sets for the applicable program (for example, a minimum sales threshold). Unless RevGenetics specifies otherwise for a given program, the Affiliate must generate unique, original content and may not copy or reproduce copyrighted material from the RevGenetics website or communications.
Enrollment in any Affiliate Platform is in addition to, and does not replace, these Terms. The Affiliate also agrees to the terms, policies, and program rules of the applicable Affiliate Platform, and the Affiliate is responsible for reviewing and complying with those platform terms. In the event of a conflict between an Affiliate Platform's terms and these Terms regarding the use of RevGenetics' Works or intellectual property, these Terms control to the maximum extent permitted by applicable law.
If the Affiliate fails to meet any applicable minimum performance requirement, or uses more content or images than permitted, RevGenetics reserves the right to revoke the Commercial Use License immediately. Following termination or revocation, the Affiliate has a fourteen (14) day period within which to cure the violation by ceasing all use of RevGenetics' Works and content across all channels. This fourteen (14) day period is an opportunity to cure and is not a grant of permission to continue using the Works; it does not extend, renew, or reinstate any license. To end participation in a program, the Affiliate must follow the cancellation or account-removal process provided by the applicable Affiliate Platform and, where reasonably practicable, notify RevGenetics.
If the Affiliate does not cure within this fourteen (14) day period and continues to use RevGenetics' Works or content, the Affiliate's continued use shall be treated as unauthorized commercial use subject to the standard Commercial Use License and fees set forth in Section 1 of this Section II (including the US$10,000.00 per-license fee and applicable late charges). In that event, the Commercial Use License fee shall apply retroactively from the date of termination or revocation, and the fourteen (14) day cure period shall not operate as a free or fee-exempt period of use. RevGenetics may terminate any Commercial Use License granted upon ten (10) days' written notice for performance issues or for violations of these Terms or of the applicable Affiliate Platform's terms to which the Affiliate assented during enrollment.
RevGenetics reserves the right to pursue all available legal remedies and compensation for losses in the event of unauthorized use of the Work or breach of these Terms, including but not limited to, damages, injunctive relief, attorneys' fees, and costs. Furthermore, the Affiliate agrees to indemnify, defend and hold harmless RevGenetics from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from the Affiliate's violation or breach of any representation or obligation under these Commercial Use License terms.
3. Severability and Modification Clause
Each section, provision, and clause of these Terms is intended to be severable and independently enforceable, consistent with the Savings Clause in Section I. If any section, provision, or clause of these Terms is found to be unlawful, void, or for any reason unenforceable, in whole or in part, it shall be modified and narrowed (blue-penciled) only to the minimum extent necessary to make it valid and enforceable while preserving, as far as possible, the original objectives and intent of the parties; if it cannot be so modified, it shall be severed; and in either case the remaining sections, provisions, and clauses shall remain in full force and effect. Separately, in the event that any provision of this Agreement is rendered invalid or unenforceable due to a Change in Legislation, Public Policy Concerns, assertion of Sovereign Immunity, National Security or Emergency measures, or Political Changes (collectively, "Governmental Actions"), such provision shall be modified to the extent necessary to render it valid and enforceable in a manner that, to the extent possible, effectuates the original intent of the parties.
In all occasions, it is the responsibility of the Affiliate who is a Government employee that has contracting authority to agree to the full TOS, to inform RevGenetics in writing within 24 hours of receiving the mandate or requirement. Such notice shall include a detailed description of the mandate or requirement, along with a contact person in the issuing authority.
In cases where modification is not possible or if such Governmental Actions conflict with the fundamental premises of this Agreement, the provision shall be severed, and the rest of the Agreement shall remain in full force and effect.
Affiliate agrees in good faith to the following regarding a Government Actions conflict:
Change in Legislation: If new laws or regulations are enacted that conflict with the terms of this Agreement, the parties agree to renegotiate the affected terms in good faith to ensure compliance with the new legal framework.
Public Policy Concerns: In the event that a provision of this Agreement is deemed contrary to the public interest or policy, the parties agree to modify or sever the said provision while endeavoring to preserve the original intent and economic balance of the Agreement.
Sovereign Immunity: In the case of an assertion of Sovereign Immunity by the government, the parties agree that an impartial review by a third-party legal expert shall be sought to determine the legitimacy and applicability of such assertion in relation to this Agreement.
National Security or Emergency: Should the government contravene any provision of this Agreement on the grounds of National Security or Emergency, the government shall provide prompt written notice to the Company, and the parties shall engage in good faith negotiations to modify the Agreement as necessary.
Political Changes: If Political Changes result in a shift in policy that renders any provision of this Agreement unenforceable or contrary to the new policy, the parties agree to engage in good faith negotiations to adapt the Agreement to the new political landscape while attempting to preserve the original intent.
4. Dispute Resolution and Governing Law
All disputes arising out of or relating to this Section II, the Commercial Use License, or any Work, including disputes arising from or related to Governmental Actions affecting this Agreement, shall be resolved exclusively through binding individual arbitration under, and subject to all terms of, the "AGREEMENT TO ARBITRATE" in Section I of this TOS, which is incorporated here by reference in its entirety. To avoid any conflict between Section I and Section II, the parties intend that a single, consistent dispute-resolution and arbitration framework — including the delegation provision under which the arbitrator (and not a court) decides questions of arbitrability — applies to the entire TOS. The sole exception is the "Emergency and Provisional Relief" subsection of the Section I Agreement to Arbitrate, under which either party may seek emergency, temporary, or preliminary injunctive relief in the courts of Miami-Dade County, Florida to prevent infringement or misappropriation of intellectual property or to preserve the status quo pending arbitration; once the court rules on that request, the underlying dispute returns to arbitration. Arbitration shall be administered by net-ARB.com (net-arb.com); the arbitrator's decision will be binding, and judgment on the award may be entered in any court having jurisdiction.
These Terms and any action arising out of or related to the Commercial Use License shall be governed by the laws of the State of Florida (the state where RevGenetics LLC is headquartered), without regard to or application of its conflict of law provisions.
5. Contact Information
For inquiries or concerns regarding the Commercial Use License, please contact RevGenetics through anthony@revgenetics.com.
6. Comprehensive Protection of RevGenetics
RevGenetics and any other party involved in creating, producing, or delivering the products, services or content, shall not be held liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to, lost profits, loss of data, or goodwill, service interruption, computer damage, system failure or the cost of substitute services under any circumstances. In the case where any liability is imposed by a court, tribunal, or arbitration panel, notwithstanding the foregoing, under no circumstances shall RevGenetics' aggregate liability exceed the total fees paid by you to RevGenetics for the services or products in question.
RevGenetics shall be entitled to seek indemnification from you for any losses, costs, expenses, and damages incurred as a result of your breach of these Terms or any unlawful or unauthorized use of the services or content.
7. Expedited and Binding Arbitration for Commercial Use Licensing Disputes
For any disputes arising under Commercial Use Licenses, RevGenetics reserves the right to submit an Initial Dispute Statement to you within twenty-five (25) years from the date of the first use that exceeds the limitations of a Personal Use License. This twenty-five (25) year period is the limitations period the parties agree applies to RevGenetics' commercial-license and unauthorized-use claims, and it controls over any shorter period (including the one (1) year limitation in Section I, which applies only to claims brought against RevGenetics). Should no resolution be achieved within ten (10) days of submission of the Initial Dispute Statement, RevGenetics is entitled to expedited arbitration. The arbitration shall be final and binding. The arbitrator shall be empowered to grant RevGenetics any relief, including injunctive relief and recovery of all costs and fees incurred in enforcing its rights under the Commercial Use License.
Accrual Over Time. The parties acknowledge that unauthorized commercial use of a Work is a continuing matter. As set forth in Section 1 of this Section II, the Commercial Use License has a one-year term that renews automatically for successive one-year terms, and a separate Commercial Use License (and associated fee) applies to each Work, each separate image, and each distinct use. Accordingly, the licensing fees owed for unauthorized use accrue and increase for each one-year term (or part thereof) during which the unauthorized use continues, up to the twenty-five (25) year period described above. RevGenetics may calculate such accruing amounts on a periodic (including monthly or annual) basis and submit them for arbitration.
Reasonable Pre-Estimate; Election of Remedy. The parties acknowledge and agree that the actual harm to RevGenetics from unauthorized use of its Works, including lost licensing revenue, dilution of the value of its proprietary content, loss of control over its brand and materials, and the cost of detection and enforcement, is uncertain and difficult to measure at the time these Terms are entered into, and that the Commercial Use License fees set forth in Section 1 of this Section II represent a good-faith, reasonable pre-estimate of that anticipated harm and the fair value of a license, and are not intended as a penalty. These fees apply to unauthorized commercial use as described in these Terms and are not a flat charge applied indiscriminately to every minor or technical breach. For any given instance of unauthorized use, RevGenetics may elect to recover, as its remedy, the greater of (i) the accrued Commercial Use License fees calculated as provided above, or (ii) RevGenetics' actual damages, or (iii) any statutory damages available under applicable law (including, where applicable, statutory damages under the U.S. Copyright Act). This election ensures that RevGenetics is compensated for its actual loss where that loss exceeds the license fees, and that the license fees serve as a reasonable agreed measure of damages where actual loss is difficult to prove. If any portion of the accrued license-fee calculation is determined by an arbitrator or court to be an unenforceable penalty, that portion shall be reduced to the maximum amount that is enforceable, and RevGenetics shall remain entitled to recover its actual or statutory damages and its collection costs as provided below.
Government and Automated/AI Access. The foregoing applies to all users to the maximum extent permitted by applicable law, including government entities and their employees, contractors, and agents, and including access or use carried out by automated tools, crawlers, scrapers, or AI agents or systems deployed by or on behalf of any government or entity. Where any such party uses RevGenetics' Works beyond the Personal Use License, or accesses or uses the Services in an unlawful, unauthorized, or improper manner (including, without limitation, conduct that violates the Antideficiency Act, applicable surveillance, privacy, computer-access, or procurement laws, or that exceeds lawful authority), that use is treated as unauthorized commercial use subject to the Commercial Use License and the accruing fees described herein, in addition to any remedies available under applicable law. To the maximum extent permitted by applicable law, a government employee, contractor, or agent who engages in such unlawful or unauthorized conduct may be personally responsible for the resulting licensing fees and expenses, in addition to any criminal or civil penalties imposed by law (for reference, federal law allows fines of up to $75,000 for a first Antideficiency Act violation and $150,000 for additional violations; states and local governments may impose additional fines). Employment by, or affiliation with, any government does not by itself confer immunity from these contractual obligations, except to the extent immunity is required by applicable law; nothing in this section purports to override any immunity that applicable law in fact provides, nor to require any party to act in a manner prohibited by law.
Collection of Unpaid License Fees (Cost-Recovery Schedule). The following schedule applies separately to RevGenetics' costs of collecting amounts that remain unpaid after they become due; it is in addition to, and distinct from, the license fees or damages for the underlying unauthorized use, and is intended to reimburse RevGenetics for the reasonable costs of recovery rather than to penalize. Where RevGenetics' actual collection costs are reasonably ascertainable, RevGenetics may recover those actual costs; where they are not, or where the following amounts are lower than actual costs, the following schedule represents a reasonable agreed estimate of recovery costs and shall apply:
- Administrative recovery fee: a one-time administrative fee of $35 per unpaid invoice or demand, consistent with the recovery fee described in Section I, to cover the internal cost of initiating collection.
- Late charge / time-value: a finance charge of one and one-half percent (1.5%) per month (or the maximum rate permitted by applicable law, if lower) on the unpaid balance, accruing from the date the amount became due until paid in full.
- Third-party collection costs: the actual fees charged by any collection agency, merchant-services provider, or payment processor engaged to recover the amount, or, where a percentage-based collection arrangement is used, a collection cost not to exceed thirty-three percent (33%) of the amount recovered, which the parties agree is a reasonable and customary contingency rate for collection services.
- Legal, arbitration, and enforcement costs: RevGenetics' reasonable attorneys' fees, arbitration fees, filing fees, expert fees, and other reasonable costs actually incurred in enforcing or collecting the amounts owed, as awarded by the arbitrator or a court.
- Currency and wire costs: any bank wire charges, currency-conversion fees, or international transaction costs reasonably incurred in receiving payment, consistent with the wire-charge provisions elsewhere in these Terms.
The amounts in this Cost-Recovery Schedule are cumulative with one another but are intended solely to make RevGenetics whole for the cost of collection; to the extent any item is determined to exceed what applicable law permits as recoverable collection costs, it shall be reduced to the maximum amount permitted, and the remainder of the schedule shall remain in effect. This schedule does not limit RevGenetics' right to recover the underlying license fees, actual damages, or statutory damages as provided above.
RevGenetics reserves the right to select the forum and rules for arbitration and may, at its sole discretion, lower the amount of payment fee(s) owed on each Commercial Use License purchased.
8. Appointment of RevGenetics as Attorney-In-Fact
If content or products that fall within the specification of a Commercial Use License are provided to a third party or site not under your direct control, you hereby appoint RevGenetics, Anthony Loera, or one of its assigns as your limited attorney-in-fact, solely and exclusively for the limited purpose of contacting the relevant third party to discuss, retract, negotiate, remove, delete, or erase the specific infringing or unauthorized content or product-related items covered by the Commercial Use License, and accessing only the information reasonably necessary for that limited purpose. This is a limited power of attorney, restricted to the purpose stated in this section; it does not authorize RevGenetics to enter into agreements on your behalf, to access your financial accounts, or to act for any purpose other than addressing the unauthorized use of RevGenetics' Works. Because this appointment is granted to protect RevGenetics' intellectual-property interests in connection with the license, it is a power coupled with an interest to the extent permitted by applicable law; it takes effect only upon unauthorized use of a Work and terminates when the unauthorized use has been resolved or the related license matter is concluded. Nothing in this section limits RevGenetics' right to pursue arbitration or emergency injunctive relief as provided in this TOS.
You agree to be held liable for all legal damages, legal fees, arbitration fees, indirect damages, punitive, exemplary or consequential damages incurred by RevGenetics, its authors, officers, agents, and employees as a result of any unauthorized use or distribution of content or products covered by a Commercial Use License. This liability includes, but is not limited to, the costs associated with enforcing RevGenetics' rights under the Commercial Use License. RevGenetics reserves the right to calculate such liabilities on a monthly basis and to submit them for arbitration under the terms described herein.
As a protective measure, it is highly advisable to seek permission from RevGenetics prior to any use or dissemination of content or products. RevGenetics is amenable to discussions and open to granting permissions for the review and sharing of information when appropriately requested.
9. Comprehensive Confidentiality Release
RevGenetics operates in the public domain, educating and informing customers about products, ingredients, and scientific advancements. By accepting these terms, you grant an irrevocable and unrestricted license to RevGenetics to use, publish, and disclose any information, including Proprietary Information, which holds substantial commercial value to you or the companies you represent including those presented to RevGenetics in any communications electronic or otherwise. Proprietary Information includes but is not limited to trade secrets as defined by the Uniform Trade Secrets Act, processes, production and distribution methods, equipment and systems, supply chain relationships, product specifications, samples, business plans, data analysis, software, inventions, technical know-how, improvements, copyrightable materials, schematics, and any other technical, business, financial, marketing, and product development plans, forecasts, strategies, and information.
This agreement supersedes any prior agreements or contracts between you, the companies you represent, or their affiliates, and RevGenetics or its representatives. By accepting these terms, you release and indemnify RevGenetics and its representatives from any liability or claim arising from disclosure of Proprietary Information. The exclusive remedy for any dispute concerning this clause shall be arbitration, with the combined maximum remedy capped at $10 annually.
10. Extensive Claims Release
In the spirit of fostering transparency and knowledge sharing, you and the companies you represent hereby release RevGenetics LLC, Anthony Loera, and RevGenetics from all claims, demands, and damages arising from or related to the manufacture, sale, marketing, commentary, or use of a product prior to the effective date of your acceptance of these terms. This release extends to claims involving copyright, trademark, trade dress, royalty, and patent disputes.
By accepting these terms, you acknowledge that arbitration shall be the sole and exclusive remedy for any disputes arising under this clause. The cumulative total of remedies obtainable through arbitration shall be limited to $10 per year.
Furthermore, should you or the companies you represent initiate any claim or legal action against RevGenetics in contravention of this clause, you agree to reimburse RevGenetics for all legal fees, costs, and expenses associated with defending such claim or action.
If any part of this provision is found to be unlawful, void, or for any reason unenforceable, then that section of the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Such section of the provision will be replaced with a valid and enforceable section in this provision which achieves, as far as possible, the original objectives and intent of the parties as reflected in the original provision.
11. User Content Licensing and Indemnification
RevGenetics is dedicated to providing quality information, products, and services. Upon communication through email, phone call, or other means regarding content that is or is not copyrighted, trademarked, or patented ("User Content"), you grant RevGenetics an all-encompassing, non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works, publicly display, publicly perform, use in marketing, manufacturing, and sales, and distribute the User Content through RevGenetics Services or in the creation of new products.
You represent and warrant that you hold the necessary ownership or authorization to the User Content and have the legal authority to grant this license. You affirm that the use of your User Content by RevGenetics will not infringe, misappropriate, or violate a third party's intellectual property rights, publicity or privacy rights, or contravene any applicable law or regulation.
A. User Content and General Indemnification
You agree to indemnify, defend, and hold harmless RevGenetics, Anthony Loera, and their affiliates, agents, and employees from any claim, liability, loss, damage, cost, or expense (including reasonable legal fees) arising out of or related to your User Content. This includes, but is not limited to, third-party intellectual property rights claims, governmental actions, and damages related to bodily injury or property loss.
If required, this agreement serves as an interim license until a formal written Intellectual Property license is provided, with the maximum fee for the written license being One Dollar ($1). This indemnification applies regardless of negligence or wrongdoing on your part. FURTHERMORE YOU UNDERSTAND AND ACKNOWLEDGES THAT THIS HOLD HARMLESS AND INDEMNIFICATION CLAUSE REQUIRES THAT YOU INDEMNIFY REVGENETICS AND AGREE THAT REVGENETICS, ITS AUTHORS, ITS OFFICERS, REPRESENTATIVES, AFFILIATES, AGENTS, AND EMPLOYEES BE INDEMNIFIED AND HELD HARMLESS FOR ANY AND ALL LIABILITY, CLAIMS, COSTS (INCLUDING REAONABLE ATTORNEY's FEES), SUITS, CAUSES OF ACTION, ENFORCEMENTS, JUDGMENTS OR DAMAGES SUSTAINED BY REVGENETICS, ITS AUTHORS OR ANY OTHER PERSON OR PERSONS FOR BODILY INJURY, GOVERNMENT ACTIONS AND FOR INJURY TO OR LOSS OF PROPERTY RESULTING FROM, CAUSED BY OR ARISING OUT OF THE CONDUCT OF THE THIRD PARTY ORGANIZATION, REGULATIONS, 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. THIS INDEMNIFICATION SHALL APPLY REGARDLESS OF WHETHER SUCH LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARE CAUSED BY THE INDEMNIFYING PARTY'S NEGLIGENCE OR WRONGDOING. 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 AND ARE REQUIRED TO HOLD THE DISPUTES AS CONFIDENTIAL AND OMMITED FROM THE PUBLIC RECORD AND ALL DOCUMENTS GENERATED AS TRADE SECRETS.
12. Special Power of Attorney
Solely in connection with the recovery of amounts owed to RevGenetics under a Commercial Use License or a related arbitration award, settlement, or judgment, and only to the limited extent permitted by applicable law, you grant RevGenetics' designated legal counsel a limited special power of attorney to affix your legal name on documents that are strictly necessary to effect a refund, claim, or disbursement relating to that recovery. If, in connection with such an arbitration, settlement, or judgment, you are unavailable, RevGenetics' designated legal counsel is authorized to endorse your name solely on instruments related to that specific recovery and to deposit the net proceeds into an attorney trust account (IOLTA or equivalent) to be held for your benefit and disbursed to you in accordance with applicable law. This is a limited power of attorney restricted to the recovery purpose stated in this section; it does not authorize access to your personal financial accounts, does not authorize any act for an unrelated purpose, and terminates upon conclusion of the related recovery. To the extent your jurisdiction requires a separately executed or notarized power of attorney to give effect to this section, you agree to provide one upon reasonable request, and this section shall otherwise be enforced to the maximum extent permitted by law.
13. RevGenetics Rights Preservation
Failure by RevGenetics to enforce any provision of these Terms shall not constitute a waiver of such provision. Any waiver shall only be effective if in writing and signed by an authorized representative of RevGenetics. Except as expressly set forth in these Terms, the exercise by either party of any remedies under these Terms will be without prejudice to other remedies under these Terms or otherwise.
14. Research Material Products
RevGenetics offers specialized research materials, which may be labeled as "Dietary Supplements," "Research Material," or "For Research Only." You acknowledge and agree to the following:
- By using or opening any products labeled as outlined above, or by employing these products for scientific purposes, you affirm that these products are being provided to you by RevGenetics for research purposes only and are not meant for any other use.
- RevGenetics shall be cited as a co-contributor in any patent application or named as the source of materials in any research publication or disclosure resulting from the use of the research materials procured from RevGenetics. In the event of any disagreement relating to this clause, arbitration shall be the sole avenue for resolving such disputes, capped at a maximum compensation of $10 per year.
15. Existing Patents
RevGenetics offers hard-to-find research materials, which may be labeled as "Food Supplements," "Dietary Supplements," "Research Material," or "For Research Only." You acknowledge and agree to the following:
- By using or opening any of the products labeled as outlined above for scientific purposes, you acknowledge that RevGenetics shall be named as co-inventor in any patent that is created, altered or extended through the use of RevGenetics' materials in the research, development or creation of such a patent.
- If you or your organization hold or have licensed a patent pertaining to our research materials, you hereby grant RevGenetics an unrestricted, irrevocable, royalty-free license or sublicense for the full term of your patent, as part of the consideration for the acceptance or purchase of our products. Any disputes arising under this clause will be resolved through arbitration, with remedies not to exceed $10 per year.
16. Overall Limitation of Liability
To the extent permissible under applicable law, RevGenetics, Anthony Loera, and their respective affiliates, officers, directors, employees, agents, or licensors shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or goodwill, or any other intangible losses arising out of or in connection with your access to, use of, or inability to access or use the website, products, or services. This limitation applies regardless of the legal theory or form of action and even if RevGenetics has been advised of the possibility of such damages.
17. Force Majeure
Neither RevGenetics nor Anthony Loera shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including acts of God, war, terrorism, civil unrest, embargoes, acts of civil or military authorities, fires, floods, accidents, labor strikes, or shortages of transportation, fuel, energy, labor, or materials.
18. Compliance with Laws
You commit to complying with all pertinent laws, rules, and regulations concerning your utilization of the website, products, and services. This includes, but is not limited to, copyright laws, privacy regulations, and export control laws.
19. Acceptance of Terms and Conditions and Electronic Signatures
Explicit Agreement: By accessing and using this site, whether by clicking on any link, button, or other interactive elements, or by engaging in any transactions including completing the registration or shopping process, you are explicitly acknowledging and agreeing to be bound by these Terms and Conditions. This explicit agreement acts as a legal binding contract between you and RevGenetics LLC.
Electronic Signature: Your actions, including but not limited to, accessing, clicking, or interacting with any part of this site, and/or providing any information during registration or shopping process, constitute your electronic signature. This electronic signature is equivalent to a written signature as provided under the U.S. ESIGN Act of 2000 and other applicable laws. By engaging in these actions, you affirmatively consent and agree to be bound by these Terms and Conditions.
Acknowledgment of Understanding: By using this site, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained herein. If you do not agree with these terms and conditions, you are advised not to use this site or avail any of its services.
Verification and Information Accuracy: You are required to provide true, current, and complete information when interacting with this site. If RevGenetics has reasonable grounds to suspect that the information you provided is not current, untrue, or inaccurate, or if there is evidence that these Terms and Conditions have not been complied with, RevGenetics reserves the right to suspend or terminate your access to the site and refuse any and all current or future use of the services (or any portion thereof) at its sole discretion.
Indisputable Acceptance: Your access and use of this site is recorded. By engaging with the site, you acknowledge that these records constitute indisputable evidence of your acceptance of these Terms and Conditions. You waive any right to dispute or contest the validity of your agreement to these Terms and Conditions based on your use of the site.
20. Contact Information
If you have any questions or concerns regarding these terms and conditions, please do not hesitate to reach out to us through this website or via postal mail at RevGenetics, 16782 SW 88th St #357, Miami, FL 33196, USA.
21. Amendment and Modification
RevGenetics reserves the right to amend or modify these Terms at any time and for any reason without prior notice. You are advised to review these Terms periodically for any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
22. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. All disputes are subject to the Agreement to Arbitrate set forth in Section I of this TOS. To the extent the Agreement to Arbitrate is held unenforceable or does not apply to a particular dispute (including, as applicable, requests for emergency or provisional relief), any such claims or disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction and venue of the courts located in Miami-Dade County, Florida.
23. Legal Fees and Costs
In the event of any legal action, arbitration, or proceeding arising out of or related to these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs, in addition to any other relief to which the prevailing party may be entitled.
24. Additional Indemnification
In addition to any indemnity stipulated in these Terms, you agree to defend, indemnify, and hold harmless RevGenetics, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services' content, services, and products other than as expressly authorized in these Terms.
25. Waiver
No waiver by RevGenetics of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RevGenetics to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
26. Complete Agreement
These Terms and Conditions and any other legal notices published by RevGenetics on the website constitute the entire agreement between you and RevGenetics concerning the use of the website, products, and services. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and RevGenetics with respect to the Services.
27. Independent Legal Advice
You acknowledge and agree that by accepting these Terms, you are doing so freely and voluntarily, and that you have been afforded ample opportunity and are encouraged to seek independent legal advice with respect to these Terms and your rights and obligations hereunder.
28. Dispute Resolution and Binding Arbitration
Any dispute, claim, or controversy arising out of or in connection with these Terms, including the determination of the scope, enforceability, or applicability of these Terms to arbitrate, shall be resolved exclusively through binding individual arbitration under, and subject to all terms of, the "AGREEMENT TO ARBITRATE" in Section I of this TOS, which is incorporated here by reference. Consistent with that section's delegation provision, the arbitrator — and not a court — shall decide questions of arbitrability. Arbitration shall take place in Miami-Dade County, Florida before one arbitrator and be administered by net-arb.com; judgment on the award may be entered in any court having jurisdiction. The only circumstance in which a party may proceed in court is the "Emergency and Provisional Relief" exception set forth in the Section I Agreement to Arbitrate (emergency, temporary, or preliminary injunctive relief in aid of arbitration), after which the underlying dispute returns to arbitration. This provision and the Section I Agreement to Arbitrate are intended to operate as a single, consistent arbitration agreement, not as separate or conflicting agreements.
29. Changes to Services
RevGenetics reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that RevGenetics shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
30. Notice for California Users
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
31. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Miami-Dade County, Florida for any actions for which arbitration is not required as provided herein.
32. Assignment
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 and of no effect. RevGenetics may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
33. Notices
A. Notices From RevGenetics to You (Outbound). Any notice or communication RevGenetics provides under these Terms, including notices regarding modifications to these Terms, may be given by any reasonable means at RevGenetics' discretion, including: (i) email to an address associated with your account or order; (ii) posting to the Services or this website; (iii) SMS or other messaging; or (iv) postal mail. For notices made by email or electronic message, the date of receipt will be deemed the date on which the notice is transmitted; for notices posted to the Services, the date of posting.
B. Formal Notices From You to RevGenetics (Inbound — Postal Mail Required). Except as provided in subsection C below, any legal, formal, or contractual notice, demand, election, request, or communication that you are required or permitted to give RevGenetics under these Terms must be made in writing and sent by postal mail (and, to expedite handling, you are encouraged also to send a copy by email to requests@revgenetics.com). This requirement applies to, without limitation: arbitration opt-out notices; Commercial Use License notices, elections, renewals, and discontinuations; intellectual-property and infringement notices; indemnification and claim notices; disputes and demands for arbitration; and any other legal or contractual notice. Send such notices to: RevGenetics, LLC, Attn: Formal Requests, 16782 SW 88th St #357, Miami, FL 33196, USA. A notice sent only by email, chat, social media, or other informal channel for a matter covered by this subsection is not effective, except where applicable law requires that RevGenetics accept another method. You are responsible for confirming RevGenetics' actual receipt of any notice you send; an inbound notice is effective only upon actual receipt at the designated postal address.
C. Consumer and Statutory Requests (Flexible Channel). Notwithstanding subsection B, where applicable law gives you the right to make a request or exercise a right by a method of your choosing, you may do so by that method, and RevGenetics will honor it as required by law. This includes, without limitation: EU/EEA and UK data-protection rights (such as access, erasure, rectification, objection, and portability); the EU/EEA right of withdrawal (which may be exercised by email to orders@revgenetics.com or by post); and CCPA opt-out requests. For faster verification and handling, RevGenetics encourages (but, for these categories, does not require) that such requests be submitted in writing to the contact addresses provided in these Terms.
D. Routine Customer Matters. Ordinary customer-service matters — including order questions, shipping inquiries, refunds and returns, recurring-order changes, and other common e-commerce requests — are not subject to the formal-notice requirement in subsection B and may be handled through our normal customer-service channels at orders@revgenetics.com or 1-888-738-4363.
34. Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Feedback") provided by you to RevGenetics are non-confidential and RevGenetics (as well as any designee of RevGenetics) shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
35. Additional Clauses
RevGenetics may, from time to time, include additional clauses or policies applicable to specific services. In such instances, you will be made aware of these additional terms, and your continued use of the services will constitute acceptance.
36. Contact Information
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 LLC16782 SW 88th St #357
Miami, FL 33196, USA