This version in effect since Jan. 1, 2009.
1. USE OF THIS WEBSITE1.1 Agreement to Comply with These Terms and Conditions. Your access to and use of this website (“Website”) is subject to all applicable laws and regulations which apply to this Website, to the Internet and/or to the World Wide Web, as well as these terms and conditions (“Terms and Conditions”) and our Privacy Policy. Your accessing of this Website and/or your use of this Website constitutes acceptance of these Terms and Conditions without reservation, limitation or qualification.
1.2 Choice of Law. This Site is controlled and operated from within the United States. Without limiting anything else, Genuine Health makes no representation that the works, content, materials, services, information, or products available on, in, or through the Website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from outside of the United States do so of their own volition and are solely responsible for compliance with applicable laws. To the extent that any aspect of these Terms and Conditions, or your use of the Genuine Health Website or products, is subject to interpretation under conflicting laws, rules or regulations, then the substantive laws of the state of Colorado shall apply to the maximum extent possible.
1.3 Subject to Change. These Terms and Conditions are subject to change at any time, and it is your responsibility to keep apprised of such changes. Any such change shall be effective immediately upon posting to this Website. Your access and/or use of this Website after any change has been posted to the Website constitutes your continuing acceptance of these Terms and Conditions without reservation, limitation or qualification.
1.4 Use at Your Own Risk. This Website is for informational purposes only. The information posted by the Website operator on this Website is believed to be accurate when posted, but is not warranted or represented in any way to be so. SEE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY IN SECTION 5, BELOW. Any use or reliance on such information is at your own risk. Your access and/or use of this Website is strictly on an “as is” basis, and you must not assume that this Website will be error free or that it will operate without interruption or as intended.
1.5 You Must Be Over 18 and a U.S. Resident to Become a Member. This Website is designed to be used only by a person over 18 who is a U.S. resident (unless expressly indicated otherwise for a particular program in which case no one under 13 may participate ever and this Agreement must be agreed to by a parent or guardian if the Member is under 18). To order any products from the Website, you must first register as a “Member.” Registration as a Member is restricted to persons living in the United States and over the age of 18.
1.6 License to Use This Site. By accessing the Website and becoming subject to these Terms and Conditions, you understand and agree that Genuine Health hereby grants you a non-exclusive, non-transferable limited license to use this site and if you register as a Member to acquire our products or participate in programs we may offer in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this Website. You acknowledge and agree that all content and services available on this Web site are the property of Genuine Health and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Genuine Health, its advertisers and licensors. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via this Website. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Genuine Health may pursue such penalties to the full extent of the law to protect its rights.
1.7 No International Members. Accessing this site, and services, products or contents available on this site from places outside the U.S. (unless expressly set forth) or where their contents are illegal, is prohibited. You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Website, or any of the products or services received through this Website, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
2. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE2.1 Information Not Warranted. The contents of this Website are for informational purposes only. Text and information contained on this Website, and reference to resource material is not intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or malady. No warranty is made or given that any information on or linked to this Website is complete and/or accurate, and no warranty is given that there may not be a contrary view to any of the material that is hereby published.
2.2 No Medical Advice. The information contained in this Website, or obtained as a consequence of using this Website is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. Although products made available on this Website are believed to be compliant with applicable U.S. Food and Drug Administration and Federal Trade Commission regulations this does not imply that such products have been endorsed by any agency of the federal government or any state government, and users should always seek the advice of their physician, pharmacist, or other qualified health care provider prior to commencing any treatment for any conditions, diseases or maladies. All questions in relation to such treatment should be directed to such professional health care providers. Users should never disregard professional medical advice or delay in seeking such advice because of information obtained from this Website. Reliance on any information provided on this Website or provided by Genuine Health employees or others appearing on this Website at the invitation of Genuine Health is solely at your own risk.
2.3 Third Party Content. This Website may contain content from third party sources. Genuine Health does not necessarily endorse any third party products, views or information presented on this Website and such information or content may not reflect the opinions, recommendations or practices of Genuine Health. No independent attempt has been made by Genuine Health to verify the truth or accuracy of any such third-party content.
2.4 Retailers of Genuine Health products using Genuine Expert or other information provided on this site to provide information or guidance to their customers must advise their customers that such information or advice is not intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or malady and is not intended to be nor it is implied to be, a substitute for professional medical or pharmaceutical advice. Retailers should counsel their customers to always seek the advice of their physician, pharmacist or other qualified healthcare provider prior to commencing any treatment for any conditions, diseases or maladies, and to direct questions in relation to such treatment to such professional healthcare providers. Retailers should urge their customers never to disregard professional medical advice or delay in seeking such advice because of information provided by the retailer.
3. REGISTRATION, ACCOUNT CREATION AND ACCOUNT OBLIGATIONS3.1 In consideration of your use of this Website and your purchase of Genuine Health products you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Genuine Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Genuine Health has the right to suspend or terminate your account and refuse any and all current or future use of this Website or any part thereof.
3.2 As part registering to become a Member and to create an account necessary to obtain access to portions of this Website that require a fee or payment, you will select a user ID and a password. You will provide Genuine Health with certain registration information, all of which must be accurate and updated. You shall not:
3.3 You shall be solely responsible for maintaining the confidentiality of your password, and you are solely responsible for all activities that occur with respect to your account, whether authorized or not. You agree to and shall (1) immediately notify Genuine Health of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (2) ensure that you exit from your account at the end of each of your sessions on the website. Any fraudulent, abusive, or illegal activity will be grounds for termination of your account and purchasing privileges as determined by Genuine Health, in its sole discretion, and Genuine Health may advise appropriate law enforcement agencies of any illegal or suspected illegal activity. You may terminate your account at any time by signing in and updating your account profile. You are responsible for all charges, if any, incurred up to the time the account is terminated. Genuine Health cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph, or with the rest of these Terms and Conditions when you have completed any transaction requiring your access information (user ID and password). Access and use of the password protected and/or secure areas of this Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this Website may be subject to prosecution.
3.4 CALIFORNIA USER CONSUMER RIGHTS. In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
4. SECURITY4.1 You May Choose to Enter into Credit Card Transactions Through this Website. Genuine Health uses technology to reasonably protect and keep confidential your personal registration and account information. When you provide personal information, such as your credit card number, this will be done using a secure server running secure socket layer (SSL) technology and supporting 128 bit encryption. Always check to make sure that before you enter any credit card information that the address line in your browser software indicates you are at a Genuine Health Website starting with the letters “https://shop.genuinehealth.com” as this indicates that you are on the portion of our Website using SSL technology and that your credit card information will be encrypted when transmitted to us via the internet. The information is only decrypted once it reaches Genuine Health’s servers. Refer to our Privacy Policy for further details on how your personal information is used and protected.
5. PURCHASES5.1 Money Back Guarantee. All purchases made by you through this Website are backed by Genuine Health’s money-back guarantee. If you are unhappy with the product for any reason, it is damaged in transit or there is another issue with your shipment, please sign in and complete a Return Authorization request. As a condition of our return policy, we reserve the right to have you return the un-used portion of the product to us. If we request that you do so, we will pay for shipping the product back. All requests for returns must be sent to us within 120 days of when we ship the product in question to you.
5.2 Disclaimer of Warranty. THIS WEBSITE, AND ALL CONTENT, SERVICES, PRODUCTS OR OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THIS WEBSITE AND THE PRODUCTS OFFERED THROUGH IT IS ENTIRELY AT YOUR OWN RISK.
Except for the warranty stated in Section 5.1 above, or as may be expressly included with any package insert for any products you buy from Genuine Health through the Website, GENUINE HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS WEBSITE, THE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS WEBSITE, AND THE SERVICES, INFORMATION AND PRODUCTS OFFERED THROUGH OR IN CONNECTION THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. Some states may restrict the ability of Genuine Health to disclaim such warranties, so for residents of some states, this disclaimer may not apply.
Neither this Agreement, nor any goods or products obtained through or in connection with the Website shall be governed by the United Nations Convention on Contracts for the Sale of Goods.
5.3 Limitation of Liability. GENUINE HEALTH SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITH BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS WEBSITE, THE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED THROUGH THE WEBSITE OR IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF GENUINE HEALTH TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS WEBSITE, THE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS WEBSITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED THROUGH THE WEBSITE OR IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR THE USE OF THIS WEBSITE AND THE PRODUCTS YOU PURCHASED FROM GENUINE HEALTH THROUGH THE WEBSITE.
TO THE EXTENT THAT MATERIALS ON THIS WEBSITE PERTAIN TO MEDICINE, LAW, OR ANY OTHER REGULATED PROFESSION, THEY ARE ON THE SITE FOR INFORMATIONAL PURPOSES ONLY, STRICTLY AS A CONVENIENCE TO THE USER, AND AS A STARTING POINT FOR RESEARCH. NOTHING ON THIS WEBSITE SHALL CONSTITUTE THE PRACTICE OF MEDICINE, LAW OR ANY OTHER REGULATED PROFESSION. USERS ARE DIRECTED TO SEEK COMPETENT ADVICE CONCERNING THESE MATTERS FROM A LICENSED PROFESSIONAL.
5.4 Compliance with the Digital Millennium Copyright Act. Genuine Health respects the copyrights of others, and intends to fully comply with applicable law, including not infringing upon the copyright or other proprietary rights of third parties. If you believe that your work has been copied in any way that constitutes a copyright infringement, or if you believe that any content or postings on this Website violate any of your other intellectual property or other rights, please send to Genuine Health (copyright@genuinehealth.com) a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address and telephone number; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and I have the legal right under applicable copyright or other law to make and be granted any demand made in this message.”
