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REVGENETICS TERMS AND CONDITIONS
Latest Version Posted: June 25th, 2023
The terms and conditions outlined in this TOS apply to all individuals who
access and use this website, 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, bots and spiders, contractors, subcontractors,
non-profits, non-governmental organizations and the like. By accessing and using
this website, you confirm that you have read and understand these terms and
agree to be bound by them. If you do not agree to these terms, you are not
authorized to use this website. 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 any information on
this website. By continuing to access this website, you acknowledge that you
have reviewed these documents and understand the Antideficiency Act criminal
penalties for Government employees who knowingly and willfully violate the Act
and fully agree to be bound by the terms and conditions outlined in this TOS. If
you are a government employee and you violate the Antideficiency Act, you agree
to personally be responsible for any expenses that may result on top of criminal
charges. This includes any commercial use of work, as stated in the "II.
COMMERCIAL RESEARCH IP & AFFILIATE TERMS OF USE" section of this TOS agreement.
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.
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: BY ACCEPTING THESE TERMS, YOU AGREE THAT ANY DISPUTES
BETWEEN YOU AND REVGENETICS WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL
ARBITRATION, AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN ANY CIVIL, CRIMINAL, OR
OTHER TYPES OF TRIALS, INCLUDING INTERNATIONAL, CLASS ACTIONS AND REPRESENTATIVE
PROCEEDINGS.
I. CUSTOMER TERMS & CONDITIONS
1. RETURN/REFUND POLICY
This website does not provide any refunds or returns. All sales are final.
A. Return Process
There is no return process on purchased products. All sales are final on this
website.
B. Ineligible or Unacceptable Returns
We will refuse all returns from purchases on this website. If you return a
product to us, it means that you want us to dispose of it for you and nothing
more. 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, the items will
be disposed of or donated.
C. Government Restrictions
No refunds will be provided if the order is affected by government restrictions
or interventions 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 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.
2. PRIVACY AND USE OF INFORMATION
Except as more fully outlined in our Privacy Policy, which is incorporated as
part of these Terms by this reference, your personal information will not be
disclosed to any third party.
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.
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, unless FedEx is specifically chosen. 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 89 days from the shipment date to report a lost shipment. Refunds
for lost shipments can take up to 20 days for US customers and 40 days for
international customers. In case an immediate replacement is needed, we suggest
placing a new order. The second order will incur additional charges, which will
be refunded once the initial refund is processed. 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 when it is refunded, and based on the
conversion rate at the time of the original order charge. The customer is also
responsible for any fees charged by their bank or credit card company.
If products arrive damaged or with incorrect quantities, contact our Customer
Service Department at Orders@RevGenetics.com within 48 hours. Take photos of the
package and products received as it’s mandatory for processing any claims. Do
not dispose of any damaged products or packaging without instructions from
Customer Service, as they may be required for return. You must report damaged,
missing or defective merchandise within seven days from the date of delivery.
After this period or without photos, no physical issues can be reported or
products returned for exchange or refund.
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. For signed Proof of Delivery, select FedEx as the shipping carrier.
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 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), and internationally shipped items are
subject to a 100% restocking fee.
Customers are advised to purchase insurance 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 when it is refunded, and based on the
conversion rate at the time of the original order charge. The customer is also
responsible for any fees charged by their bank or credit card company.
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
The customer is responsible for any taxes, customs fees, and duties for all
international orders. If customs withhold a shipment due to non-payment of
import duties and taxes, and the shipment is returned because the customer
refuses delivery, the order is deemed an unauthorized return and is
non-refundable. Consider international taxes and duties before placing an order.
If an order is returned due to restrictions, banned products, incorrect address,
inability to communicate with customs, or failure to provide necessary
documentation, no refund will be provided. Please contact us within 30 days to
arrange redelivery to an alternative address or reattempt delivery for an
additional shipping fee. Packages not redelivered will be held at our office and
discarded after 30 days.
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 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 © 2019-2023 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. A physical or electronic signature of an authorized representative of the
owner of the exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Contact information for the complaining party, such as an address, telephone
number, and email address.
d. Identification of the material that is claimed to be infringing with
information to locate the material.
e. A statement expressing a good faith belief that the material’s use is
unauthorized by the copyright owner, agent, or law.
f. 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 Loera
RevGenetics, 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, YOU AGREE TO BE BOUND BY THE FOLLOWING INDEMNIFICATION TERMS WHICH ARE
CRUCIAL FOR THE LEGAL PROTECTION OF REVGENETICS AND ASSOCIATED PARTIES:
1. 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.
2. 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.
3. 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.
4. 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, products, services, or
materials, or the breach, termination, enforcement, interpretation, or validity
thereof (collectively, “Disputes”) will be resolved through binding arbitration.
A. Exception for "IP Protection Action": RevGenetics reserve the right,
however, to seek injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened infringement,
misappropriation, or violation of a party’s copyrights, trademarks, trade
secrets, patents, User Content, Personal License, Commercial License,
Government actual or threatened work stoppage or other intellectual property
rights (the action described in this statement is defined as “IP Protection
Action”). The exclusive jurisdiction and venue of any IP Protection Action
shall be the state and federal courts located in the Miami-Dade County of
Florida, and each of the parties hereto waives any objection to jurisdiction
and venue in such courts.
B. Waiver of Right to Participate in Class Action: You and RevGenetics each
waive any right to participate to a civil trial, trial by jury, bench trial,
summary trial, criminal trial, military trial, international trial,
government administrative proceedings, civil enforcement trials or to
participate as a plaintiff or class member in any purported class action or
representative proceeding.
C. 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.
D. 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.
E. 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 claimant and
only to the extent necessary to provide relief warranted by the claimant’s
individual claim. The exclusive jurisdiction and venue of any arbitration
action will be located in the Miami-Dade County of Florida, within the USA
and each of the parties hereto waives any objection to jurisdiction and
venue in such courts.
F. Failure to Appear: If you fail to appear at the arbitration, an automatic
decision will be rendered in favor of RevGenetics for the full amount
alleged in its Initial Dispute Statement and any fees incurred for
initiating the Arbitration.
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:
A. Time Limit for Bringing a Claim: Notwithstanding any applicable statutes or
laws to the contrary, you agree that any claim or cause of action arising
out of or related to these terms, any agreement with RevGenetics, or your
use of this site, products, materials, or services, must be commenced within
one (1) year after the cause of action accrues, consistent with the
Agreement to Arbitrate section. Any claim not brought within this one (1)
year period shall be forever barred.
B. 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.
C. Limitation of Actions for RevGenetics: Any claims that RevGenetics may have
against you or any third party arising out of these terms or any related
agreement, must be filed within the statute of limitations applicable under
the governing law. Failure to file within this period will result in the
claim being forever barred.
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:
A. 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.
B. 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.
C. 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.
D. 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.
A. 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.
B. 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.
C. 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.
D. 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.
A. 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.
B. 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.
C. 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.
D. Severability: If any section or provision of these Terms of Use is found to
be unlawful, void, or for any reason unenforceable, then that section or
provision shall be deemed severable from these Terms and shall not affect
the validity and enforceability of any remaining provisions. Such section or
provision will be replaced with a valid and enforceable provision which
achieves, as far as possible, the original objectives and intent of the
parties as reflected in the original section or provision.
E. 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, 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.
2. AFFILIATE OF REVGENETICS
Affiliates signing up through the link
(https://revgenetics.kickbooster.me/boost) are granted a temporary,
performance-based Commercial Use License. This license allows the use of one
copy of the Work for affiliate marketing purposes, subject to sales reaching or
exceeding $1 per month. Under this arrangement, the Affiliate must generate
unique content and may not duplicate any copyrighted material from RevGenetics
website or communications.
If the Affiliate fails to meet the minimum sales requirement, or uses more
content or images than permitted, RevGenetics reserves the right to revoke the
Commercial Use License immediately. Following termination, the Affiliate has a
14-day period to cease all usage of RevGenetics Works and content. To remove
your affiliation in Kickbooster, login using your affiliate username and
password in kickbooster (https://kickbooster.me), then go to your account
settings (https://kickbooster.me/booster_admin/account_settings) and click
"Remove account" on the account settings page.
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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
If any section of a provision of these Terms of Use 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 which achieves, as far as
possible, the original objectives and intent of the parties as reflected in the
original provision, or 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
In the event of disputes arising from or related to Governmental Actions
affecting this Agreement, the parties agree to resolve such disputes through
arbitration in accordance with the General principles of equity and common law.
Any Governmental Actions affecting this Agreement, shall be settled by binding
arbitration in accordance with the rules of net-ARB.com. The costs of
arbitration shall be shared equally between the parties. The arbitrator's
decision will be binding and may not be appealed. A judgment of a court having
jurisdiction may be entered upon the arbitrator's award. The arbitration
proceedings shall be conducted in English and governed by the common law net-ARB
rules (net-arb.com).
These Terms and any action arising or related to the Commercial Use License
shall be governed by the laws of 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 fifteen (15) years
from the date of the first use that exceeds the limitations of a Personal Use
License. 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.
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 his assigns, as your true
and lawful attorney-in-fact, to act in your name, place, and stead, to contact
the third party to discuss, retract, negotiate, delete and/or erase such content
or product related items, and to access your information for this purpose.
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.
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
You hereby grant RevGenetics’ designated legal counsel or accountant a special
power of attorney to affix your legal name on any document pertinent to a
refund, claim, or disbursement. In cases of arbitration, settlement, or
judgment, if you are unavailable, RevGenetics’ legal counsel or accountant is
authorized to endorse your name on checks, drafts, or other documents related to
the recovery and deposit the net recovery in a RevGenetics account or an
Attorney trust account until you are available.
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:
a. 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.
b. 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
"Dietary Supplements," "Research Material," or "For Research Only." You
acknowledge and agree to the following:
a. 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 existing patent that is altered or extended through the
use of RevGenetics’ materials.
b. 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 purchase of our "Research
Material" or "For Research Only" 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. Any claims or disputes arising out of or relating to these
Terms or the Services shall be subject to the exclusive jurisdiction 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 or applicability of these Terms
to arbitrate, shall be determined by binding arbitration in Miami-Dade County,
Florida, before one arbitrator. The arbitration shall be administered by
net-arb.com. Judgment on the award may be entered in any court having
jurisdiction. This clause shall not preclude parties from seeking provisional
remedies in aid of arbitration from a court of appropriate jurisdiction.
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
Any notices or other communications provided by RevGenetics under these Terms,
including those regarding modifications to these Terms, will be given: (i) via
email; or (ii) by posting to the Services. For notices made by email, the date
of receipt will be deemed the date on which such notice is transmitted.
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 LLC
16782 SW 88th St #357
Miami, FL 33196, USA
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