TERMS and CONDITIONS
Last Updated: 06/20/2017
Your use of the Website, or products or any services or content provided through the Website, shall be deemed to constitute your consent to be legally bound by the terms and conditions of the Agreement, which shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, please do not access or use the Website, do not order, and do not use HBT International products. In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
THE TERMS AND CONDITIONS BELOW CONTAIN A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
This Website is not intended for anyone under the age of 18. In order to use the Website and services you must be 18 years or older.
USER CONTENT AND CONDUCT
By posting comments, photographs, video clips, reviews and other communications and any user content to the Website (“Your Content”), you hereby grant HBT International a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site.
You affirm, represent, and warrant that you own or have the necessary rights, consents, and permissions to publish Your Content; and your content is accurate, that use of Your Content will not cause injury to any person or entity and does not violate this Agreement, and You agree that you will indemnify and hold harmless HBT International for all claims relating to Your Content.
We will not be responsible or liable in any way to you or to any third party for the content or accuracy of Your Content. HBT International has the right, but not the obligation to review, modify, edit or remove any activity or User Content at any time, without notice, for any reason and in its sole discretion. We take no responsibility and assume no liability for Your Content or for any of Your Content or any other material or information posted by a third party.
Any conduct by you on our Websites that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Websites will not be permitted. You agree to use our Websites only for lawful purposes.
You agree that you may not access or use without our prior written consent the Services and/or related Communication Services, in order to:
(i) copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, rent, lease, loan or sell or otherwise use any of the Materials in any form or by any means, without the prior written authorization of HBT International or the respective copyright owner.
(ii) modify or adapt the, distribute, or re-post any content or materials on the Website for any purpose in any way.
(iii) use the content of the Website for any commercial purposes.
In using any HBT International Website, you agree:
(a) not to interfere with or disrupt the website security, or otherwise abuse, the HBT International website, or servers or networks connected to the website or accessible through the website, or any services, system resources, accounts, or an affiliated or linked websites; or disobey any requirements, procedures, policies or regulations of networks connected to the website;
(b) not to disrupt or interfere with any other user's enjoyment of the HBT International website or affiliated or linked websites;
(c) not to upload, post, email or otherwise transmit through or on any HBT International website any material that contains software viruses or any other computer code, files or harmful, disruptive, or destructive files;
(d) not to attempt to obtain unauthorized access to the HBT International website or any portions of the HBT International website which are restricted from general access; not to use any of the Materials in any form or by any means, without the express written consent of HBT International;
(e) not to attempt to obtain unauthorized access to the HBT International website or any portions of the HBT International website which are restricted from general access;
not to use any of the Materials in any form or by any means, without HBT International written consent;
(f) not to upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) not use any meta-tags or any other "hidden text" utilizing HBT International name, products, or trademarks without the express written consent of HBT International;
(h) not to reverse engineer, decompile, disassemble, or create derivative works based on the website or any content, any software available through HBT International website;
(i) not to impersonate any person or entity, including, but not limited to a representative of HBT International or falsely state or otherwise misrepresent your affiliation with a person or entity;
(j) not to deep link to the HBT International website without the express written consent of HBT International;
(k) not to share your account information, or allow any person other than you to use your account to access the website. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
(l) not to collect or store personal information about others;
(m) not to post on or transmit through the Site any unlawful, infringing, threatening, harassing, defamatory, sexually oriented, vulgar, obscene, profane, abusive, indecent, offensive, inaccurate, hateful or is otherwise in violation of any law.
(n) You agree to use the Site only for lawful purposes, and that you are responsible for your use of and communications on the Site.
You acknowledge that all materials on the website, including without limitation, the website's design, graphics, text, sounds, pictures, videos, software and other files, content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights") are the property of HBT International or its licensors, and are subject to and protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws and other proprietary laws and rights.
All rights to materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the materials in any form or by any means, without the prior written authorization of HBT International or the respective copyright owner.
HBT International authorizes you to view and download the materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original materials.
You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the website and any Marks associated with any products available on the website are the sole property of HBT International and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the express written consent of HBT International and/or its suppliers or licensors.
In addition, all page headers, custom graphics, button icons and scripts are Marks of HBT International and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of HBT International, LLC.
OUR WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE
This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site (directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. The content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither HBT International, LLC its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the content on the Site. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. HBT International employees are encouraged to voluntarily participate in our forums including describing their experiences with specific products. Any comments made by employees in these forums or in reviewing products are strictly their own personal views made in their personally capacity. These comments are not claims made by the HBT International nor do they represent the view or position of the HBT International.
You should always consult a primary care physician/health practitioner of choice when considering the use of any products for health purposes, especially when undergoing treatment for an existing condition. HBT International will not be liable for any direct, indirect, consequential, special, exemplary, or other damages arising from the use or misuse of any products, materials, or information published. When you purchase any product from HBT International we must presume that it is for personal use under the direct supervision and prescribed by a medical doctor. We make no claim for cure or relief of any symptom or medical condition when using any of these products. All products and their statements have not been evaluated by the FDA. These products are not intended to treat, cure or prevent any disease.
This site and its contents are on an "as is" and "as available" basis. Our Company, its officers, directors, employees, agents and suppliers make no representations or warranties of any kind, express or implied, with regard to this site, the products or services offered or sold on or through this site. We expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness and fitness for a particular purpose. Your use of this site is at your sole risk. The products, information, services and other content provided through this site or any provided link, are provided for informational purposes only, to facilitate discussions with health care professionals regarding treatment. You agree that our Company shall not be liable for any damages of any kind arising out of or relating to the use of any products or services, for any incorrect or inaccurate information, for any defective products or any other matter relating to this site or a linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation, any direct, indirect special, incidental or consequential damages (including without limitation, damages for loss of business, loss of profits, loss of good will, loss of data, cost of litigation or the like) whether based on breach of contract, breach of warranty, tort, product liability or otherwise. The limitations of liability herein are fundamental elements of the bargain and the products, information or services offered on this site would not be provided without such limitations. You agree to indemnify and hold HBT International, its directors, officers, suppliers, subsidiaries, employees, agents, and affiliates harmless against all claims, demands, causes of action, losses, expenses and costs of any kind, including, without limitation (legal or other) resulting from or relating to your use of this web site. The User warrants that they hold HBT International free of any and all legal action and prosecution. This includes any entrapment procedures that may be perpetrated or attempted by law enforcement and government agents and/or their agencies.
LINKS TO OTHER WEB SITES
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, "click to purchase" and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against HBT International and agree to hold HBT International harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.
BioLabRx Rewards & Reviews Programs.
Your participation in Refer-a-Friend Program and Reviews Program is voluntary and is effective unless and until terminated by either you or us. BioLabRx.com Refer-a-Friend Program Reviews Program and their benefits are offered at the discretion of BioLabRx.com. Either we or you may at any time, terminate, change, limit, modify or cancel BioLabRx.com Refer-a-Friend Program Reviews Program and your participation at any time, with or without cause, by giving the other party written notice of termination. Notice of termination may be given to you via the email address you provided during the registration process. You may give to us notice of termination by sending an email to: firstname.lastname@example.org. You are eligible to earn referral rewards only on sales occurring during the term of your Refer-a-Friend and Reviews Programs participation. Unused Rewards expire 180 days after the date when they are posted as “Available” in your BioLabRx.com account.
Modification and Termination.
BioLabRx.com may terminate, suspend, or modify the terms of this Agreement and/or the Refer-a-Friend and Reviews Programs at any time by posting the changes or termination notice on BioLabRx.com a country-specific website, mobile website, mobile app or by contacting Members directly. Modifications may include, for example, changes in the scope of available referral rewards, reward schedules, redemption procedures and referral program rules. If any modification is unacceptable to You, Your only recourse is to terminate your participation in the applicable Program. Your continued participation in the applicable Program following posting of a change notice or new agreement on the Website will constitute Your binding acceptance of any changes. BioLabRx.com reserves the right at its sole discretion to exclude individuals or restrict eligibility from the Program. In the event Refer-a-Friend Program is terminated by us, all accrued Rewards in your account will be cancelled three months after notification, no matter the extent of member participation in the Program. BioLabRx.com reserves the right to verify the identity and eligibility of any customer participating in the Refer-a-Friend Program and to disqualify anyone from receiving the credit if it is determined that the customer has provided false or misleading information about his or her identity. BioLabRx.com reserves the right to refuse service, terminate any account and its rewards provided by the Program if we suspect the account is linked to fraudulent referrals, reviews, any disputed purchases or credit and debit card charges, fraudulent activity; unsolicited emails (spam) and indiscriminate advertising, or intentional misuse of the Program including, but not limited to, using multiple accounts (more than one account).
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ALL THE TERMS OF THIS AGREEMENT AND THE REFER A FRIEND PROGRAM. YOU UNDERSTAND AND AGREE THAT WE MAY AT ANY TIME SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS REFERRAL AGREEMENT WITH YOU. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Share the products you love with your friends and get rewarded for each friend or family member who uses your code or link to make a purchase. Rewards will accumulate in your account when others use your code or link to place an order. Rewards may be used towards purchases on BioLabRx.com or may be redeemed for cash at a specific accumulated amount.
Your Rewards Code and Link is valid only for use by first-time customers that you have referred to BioLabRx.com. After someone makes their first purchase of $100 or more at BioLabRx.com using your Rewards Code or Link, we will reward you by adding $10 Rewards Credits to your account after their order has shipped. Your Rewards credits will enter a 40 day pending period before becoming "Available". Once "Available", credits will automatically be applied to (subtracted from) your next purchase, subject to acceptance of this Agreement.
If on the last day of each month, you've reached an amount totaling $300 or more in "Available" Rewards Credits, you can cash out via PayPal or we'll send you a Rewards check in that amount, if you provided your tax ID information to BioLabRx.com.
All Rewards Credits balances below $300.00 will be rolled over into the next calendar month. You will be responsible for any and all tax liability arising from any Rewards Credits you accumulate under the Refer a Friend Program. Unused Rewards credits will expire 180 days after the date they become "Available".
For the referral payment information on the BioLabRx.com Refer-a-Friend Program, review our frequently asked questions page. This page is hereby incorporated in and made a part of this Agreement by this reference. You acknowledge that you have read and understood the FAQs page and that you agree to the terms set forth therein.
BIOLABRX.COM RESERVE THE RIGHT, AT ITS SOLE DISCRETION, TO TERMINATE, MODIFY, OR SUSPEND THE BIOLABRX.COM REFER A FRIEND PROGRAM AT ANY TIME AND FOR ANY REASON.
You are responsible for any and all taxes and other liabilities relating to or resulting from your participation in the Program.
- We are obligated by U.S. federal law to obtain tax information from Refer a Friend Program participants who are U.S. citizens (W-9 form), U.S. residents (W-9 form), from Refer a Friend Program participants who are not U.S. citizens or residents but whose businesses are taxable in the U.S. (W8-ECI form), and who are not a United States citizen or resident and don't have taxable business within the United States (W-8BEN form).
If we believe you are a Refer a Friend Program participant from whom we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we reserve the right to withhold your Rewards until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
You may share your BioLabRx.com Referral Link and Rewards Code as well as your Reviews with your personal connections via email, personal blogs, or any available social media accounts (e.g. Facebook, Twitter and Google+, etc.) subject to the terms and conditions of those accounts. However, your social media profile may not contain an avatar (online profile, image, bio info, forum profile) or any other content that could be interpreted as being managed or controlled by BioLabRx.com. Moreover, your website, blog, or social media pages may not resemble our websites or include any content that could be on its own or in the aggregate be interpreted to indicate an affiliation with us, including, but not limited to, use of any our trade name, logo, trademark, trade dress, copyrighted material, or any similar protected content.
You may also email your BioLabRx.com referral link and Rewards code or send a text message to friends and family. In doing so, you represent and warrant that You will not engage in and/or facilitate spamming, indiscriminate advertising, unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or any successor legislation and/or any other laws and/or regulations which govern marketing through the use of email and/or communications. Failure to satisfy either of these conditions may result in an immediate termination of any account and its rewards provided by the Program. You may not purchase or use domain or subdomain names that include the word “BioLabRx” and/or any variations and misspellings of those and/or our other products or trade names. We don’t want to confuse the general public about which are the official BioLabRx.com websites. In order not to cause confusion about which are the official BioLabRx.com mobile applications, you may not create one that looks similar to any BioLabRx.com apps. Your App may not integrate and/or use our App in any way.
Moreover, the BioLabRx.com Refer a Friend Program is not intended for commercial purposes, You are not permitted:
- to participate in any advertising including paid search that includes the word “BioLabRx” or any variations and misspellings;
- trick or deceive customers into clicking a referral link without their knowledge;
- use Referral link and Rewards code to purchase any products from BioLabRx.com for resale.
Any products purchased at BioLabRx.com and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel any order that we believe, in our sole discretion, may result in the violation of our Terms.
BIOLABRX.COM RESERVE THE RIGHT, AT ITS SOLE DISCRETION, TO TERMINATE, MODIFY, OR SUSPEND THE BIOLABRX.COM REFER A FRIEND PROGRAM AT ANY TIME AND FOR ANY REASON.
By participating in the BioLabRx.com Refer a Friend Program, you represent and warrant that you are at least 18 years of age. Refer a Friend Program may only be used by one customer account per household, you may not maintain more than one account.
If more than one adult is living at the same residence, only one Rewards Code is allowed for the entire family. Any misuse of the Refer a Friend Program will result in termination and the cancellation of all accumulated Rewards. All accounts must be in the name of a living, an actual person, not a business entity. Accounts are non-transferable and are not eligible for perpetual succession. Your friends must be new to BioLabRx.com, and have never previously shopped with us. They must make their first purchase with us through the unique Referral Link or Rewards Code you share, and use their $10 rewards within 30 days on an order totaling $100 or more (excluding any taxes, shipping or other fees). If item(s) are returned, you will not receive your referral credit.
No Statements & Product Claims.
You agree and warrant that you will not make any statements and/or product claims not approved by the U.S. Food and Drug Administration.
No Warranty- Disclaimer.
BIOLABRX.COM REFER A FRIEND PROGRAM IS BEING PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTIES EITHER EXPRESSED OR IMPLIED OR CONDITIONS.
BIOLABRX.COM EXCLUDES ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH OTHERWISE MIGHT BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
HBT International reserves the right, with or without prior notice, without any obligation to you to cancel or change specifications, availability and prices on products. We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur, HBT International does not warrant that product descriptions or other content of this website is accurate, reliable, current, complete, or error-free.
In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, HBT International shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.
By submitting an order, you warrant that all personal information you have entered for the order is valid. All orders are expressly conditioned on acceptance of this Agreement. If the product you have ordered becomes unavailable after the order has been placed, we will cancel the order, refund your money and notify you by phone, mail, or email. We reserve the right to cancel orders for out of stock items at any time.
HBT International does not accept orders from dealers, wholesalers, or other customers who intend to resell products offered on the website. If HBT International reasonably believes that you are placing order with the intention of reselling products offered on website, we might not accept your order, suspend or terminate your account, and pursue any other legal remedies from you under applicable law.
Risk of Loss. With respect to shipments of Products to consumers, wherever they may reside all risk of loss shall pass to the buyer immediately upon our delivery of the Products to the common carrier. You are solely responsible for providing us with accurate shipping information and a valid phone number and email address. In the event that any Product is returned to us as a result of your failure to do so, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the Product to you. Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can't be delivered due to an address error.
Payment and Billing.
If you wish to purchase Products at the Site, by telephone, or otherwise, you must provide valid credit or debit card information on the Site's order form. By submitting such credit or debit card information, you give HBT International permission to charge your purchases to the card that you designate on the order form. In order to make purchases on the website you will be required to provide payment information that you represent and warrant is correct and you confirm that you are the person referred to in the billing information provided, or you are authorized to provide. We reserve the right to cancel any order, terminate any account, any time, if we believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on our website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
If you purchase a risk free trial, HBT International will bill you for your online account using the billing information you provide (you “Billing Account”) for use of the Service and you agree to be responsible for return shipping of the products received should you wish to cancel during your trial period. You agree to pay us a shipping and processing fee of $9.95 USD and all other charges at the prices then in effect for your use of the Services using your Billing Account, and any applicable taxes, and you authorize us to charge your chosen payment provider (your "Payment Method") for the Services. You agree to make payment for the charges using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
By entering into this Agreement, you acknowledge and agree that your risk free trial has an initial shipping and processing fee and recurring periodic charges and you accept responsibility for all recurring charges prior to cancellation. Your products will be automatically shipped per the offer you originally accepted but you can cancel shipment at any time by calling us at (888)-960-0025. Your non-termination or continued use of the Service confirm that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. WE MAY SUBMIT PERIODIC CHARGES WITHOUT OBTAINING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL YOUR SERVICE OR NOTIFY US THAT YOU WOULD LIKE TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.
You must provide current, complete, and accurate information for your billing account. You are accountable for promptly updating all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your payment method is canceled (credit card is cancelled or is no longer valid for loss or theft). You must promptly notify us if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your name or password. Changes to such information can be made on your my account page, or by calling a customer service representative at the telephone number listed on the website under Customer Service. If you fail to provide us with any of the foregoing information, you acknowledge and agree that we may continue charging you for any use of the service under your billing account unless you have terminated your paid services as set forth above.
Electronic Signatures and Agreements.
When you use the Website or communicate with HBT International via email, you are communicating electronically. You consent to receive any communications related to your use of this website from HBT International electronically. You give HBT International the right to communicate with you by email, or by posting notices on this website. You understand and agree that all such communications, as well as all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing and signed by the party sending the communication. All notices from HBT International intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the HBT International Sites.
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by HBT International to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract.
Furthermore, you hereby waive any rights or requirements under any laws, statutes, regulations, rules, ordinances in any jurisdiction which require an original (non-electronic) signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Communications with HBT International.
Please be aware that telephone calls to or from HBT International are monitored and recorded for quality-assurance purposes and you acknowledge and agree to this monitoring and recording. To serve you better with the products and services, please assure that any contact information provided to HBT International, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number are true and accurate. Please also assure that you are the telephone subscriber and/or that you own any telephone numbers that you provide to HBT International. You confirm that by voluntarily providing your telephone numbers to HBT International, you expressly agree to be contacted at the telephone numbers you provide.
By providing your contact information, you consent to receive emails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of HBT International relating to this Agreement, any purchase or transaction with HBT International, any matters related to your account (including debt collection), and offers and promotions regarding HBT International products. These communications may be made by or on behalf of HBT International, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge and agree that you may incur a charge for these calls by your telephone carrier and that HBT International will not be responsible for any of these charges.
You expressly grant HBT International the right to collect and contact you at any e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to notify HBT International within 30 days of any change to your contact information by emailing email@example.com. Your consent to this communications provision is not required to make any purchase with HBT International.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS", WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, HBT INTERNATIONAL, ITS SUBSIDIARIES AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, HBT INTERNATIONAL, LLC PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, HBT INTERNATIONAL PARTIES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HBT INTERNATIONAL PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL HBT INTERNATIONAL OR ITS SUPPLIERS, PARENTS, SUBSIDIARIES, OR AFFILIATES, OR AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) for any damages whatsoever, including but not limited to direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our Website or any data or information transmitted in connection with the use of the Website. (ii) personal injury or death caused by your use or misuse of our Website, (iii) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on our Website, or (vi) any other matter relating to our Website. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through our Websites.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless HBT International, its affiliates, officers, directors, agents, partners, employees, licensors, suppliers, subsidiaries, parents, representatives and third party providers from and against any and all liability, all losses, expenses, damages, costs, disputes, claims and demands, including, without limitation, reasonable attorney's fees and related costs and expenses, due to or arising out of any information or content you submit, post, email, or otherwise submit or transmit through the website; or your use of the website; privacy, tort or other claims, or your breach of these Terms.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida in the United States, without regard to its choice of law provisions or application of conflict of laws rules, except that the Arbitration provision shall be governed by the Federal Arbitration Act.
Resolution of any Dispute. In the event a dispute arises between you and HBT International, we want to provide you with an efficient, neutral, cost effective means of resolving the dispute. Most customer concerns or problems can be resolved timelessly and to the customer’s satisfaction by calling our customer service (888)-960-0025, or e-mailing us at firstname.lastname@example.org.
If, however, there is any issue that needs to be resolved, these Terms describe how both of us shall proceed.
TERMINATION OF WEBSITE
This Agreement is effective unless and until terminated by either you or HBT International. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. HBT International also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in HBT International sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or HBT International. HBT International reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that HBT International shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site. In case of any termination of your use of or access to the HBT International Website, you agree that the provisions of this Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the Website, disclaimer of warranties with respect to use of the Website, limitation on HBT International's liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ CAREFULLY THIS ARBITRATION PROVISION TO UNDERSTAND EACH PROVISION AND YOUR RIGHTS. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL BINDING ARBITRATION. YOU AGREE THAT YOU WAIVE THE RIGHT TO A TRIAL BY JURY, THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED OR MAY NOT EXIST. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. You agree that any dispute between us, including by either of us against any agent, employee, subsidiary, affiliate or assign of the other, will be resolved exclusively and finally by binding arbitration.
YOU AGREE THAT YOU MAY SUBMIT ANY CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF A CLASS ACTION, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
You acknowledge and agree that before initiating any Claim against HBT International you will first present your problem or dispute to Company in writing by sending a letter detailing what you are disputing, the nature and basis of the Claim and setting forth the specific relief sought. All notices shall be sent to the following address: HBT International, 511 Avenue of the Americas, P.O. Box #134, New York, NY 10011. All notices to you will be sent to the email or physical address you have provided. You agree to negotiate with HBT International in good faith about your problem or dispute. If for some reason your claim or dispute is not resolved within sixty (60) days after HBT International's receipt of your written dispute, you may commence arbitration proceedings in accordance with the terms of this Agreement. You agree to commence any arbitration proceeding within 1 year after the claim or cause of action arises and that any proceeding commenced after one year shall be barred.
The arbitration of any claim or dispute under this Agreement, for your convenience, should be conducted in the State in which you reside and may be held by telephone or through written submissions if both you and HBT International agree.
The arbitration of any claim or dispute under this Agreement shall be referred to the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org.
HBT International will pay for all filing fees, administrative, and arbitrator fees for the arbitration initiated by either party, for any claim that does not exceed $10,000. Each party shall pay their own additional fees and costs including, but not limited to, those for any attorneys, experts and witnesses.
Any failure or delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and HBT International and shall not be modified or changed except in writing by HBT International.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any provision or provisions of this Agreement is deemed illegal, invalid, or unenforceable, the remainder of this Agreement shall continue to be fully valid, binding, and enforceable. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
If you do not agree to the foregoing terms and conditions, you must tell us in writing and you must return the product within 30 days from the date of purchase for a refund pursuant to our return policy.
HBT International reserves the right to change, amend, or modify this arbitration provision at any time. Your continued access or use of any HBT International Website, purchase of a HBT International product, or use or attempted use of the HBT International products, is affirmation of your consent to such changes.
Modifications to the agreement.
HBT International reserve the right at any time in its sole discretion make changes to these Terms and Conditions, by updating this posting on the website without notice to you. Your continued access and use of the website following the posting of a new version of the Terms and Conditions constitutes your acknowledge and acceptance of any such changes. Therefore, whenever you visit the Website, check to see if a new version has been posted.
This arbitration provision shall survive the closing of your account and termination of this Agreement.
MODIFICATIONS TO SITE
We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of the content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and your continued use of the Site thereafter shall be deemed acceptance of those terms and conditions.
BioLabRx® is a trademark of HBT International, LLC. All other trademarks and service marks contained, described or displayed on the Website are the property of HBT International and/or its suppliers, licensors or their respective owners. You may not copy, imitate or otherwise use or display in whole or in part any trademarks or service marks owned by HBT International without HBT International’s prior written consent and/or its suppliers, licensors, or owners.
You agree that HBT International may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions to any third party at our discretion. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account. No failure or delay by HBT International to exercise any right or remedy under these Terms and Conditions shall operate as a waiver of any right or remedy or shall effect HBT International's ability to further exercise that right or remedy. Any waiver must be agreed to by HBT International in writing.
In order to avoid irreparable harm or injury to HBT International, in the event of any threatened or actual breach by you of the provisions of this Agreement, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting us from pursuing any other remedies available to HBT International for such breach or threatened breach, including the recovery of monetary damages from you.
Please contact us at email@example.com
By mail: HBT International, LLC , 511 Avenue of the Americas, P.O. Box #134, New York, NY 10011.
By phone: 1-888-960-0025