Terms
REVGENETICS TERMS AND CONDITIONS
Latest Version Posted: June 25th, 2024
The terms and conditions outlined in this TOS apply to all individuals who access and use this website, products, marketing or services, including but not limited to: individuals residing in the United States, state and federal government employees, employees and contractors of governments of any country, government entities, commercial or government-related entities, bots and spiders, contractors, subcontractors, non-profits, non-governmental organizations and the like. By accessing and using this website, products, or services, 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, products, or services. 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, products, or services. By continuing to access this website, products, or services, 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 (30-Day Money-Back Guarantee)
You may return RevGenetics brand capsule products within 30 days of delivery for a full refund, minus shipping and handling fees, provided that the products comply with the following conditions:
a. The opened package, along with all of the remaining unopened packages from the same order, must be returned. All unopened packages must be factory-sealed.
b. The return policy does not apply to international orders, recurring or subscription orders, bulk powder products, inert gas, creams, or any product where the RevGenetics website or product page explicitly states that returns or refunds are not permitted.
To initiate a return, contact our Customer Service Department at orders@revgenetics.com or 1-888-738-4363 within 30 days of delivery to receive authorization and return instructions.
Please note that recurring orders are for customers who are already satisfied with our products and wish to avail discounts or save on shipping costs through a subscription. New customers should opt for single purchase capsule products. Refer to our recurring orders policy for more information.
A. Return Process
Ensure that the products are in new condition and in their original packaging. It is your responsibility to ship the products to the correct address, and we recommend obtaining a tracking number and shipping insurance. Share the tracking information with our Customer Service to expedite processing.
Upon receiving and inspecting the return, if the product is in acceptable condition, we will issue a refund in the original form of payment. However, if a credit card refund is not possible, the refund may be processed via PayPal, check, or another method at our discretion. For refunds through bank wire, there will be a $60 wire charge deducted from the refund amount.
B. Ineligible or Unacceptable Returns
If the returned product is ineligible for a return or is received in an unacceptable condition, we will either refuse the return or notify you via email. For damaged items, you may file a claim with your shipping carrier. For used items, you can choose to have the product disposed of or returned to you at your expense. Such items will be retained in our warehouse for up to 30 business days unless you request otherwise in writing. After this period, you agree that the items will be disposed of or donated.
C. Government Restrictions
No refunds will be provided if the order is affected by any government restrictions or interventions (including customer non-payment of government or customs fees) that prevent or delay delivery. In such cases:
RevGenetics will await the return of the package by the government postal service (this may take 30 to 90 days). The customer must provide a new shipping address and pay for the shipping to this new shipping address. If no packages can be delivered due to government restrictions, RevGenetics will hold the package for up to 90 days. During this period, the customer may wait for changes in government policies or provide an alternative address outside the affected area. Any fees, taxes or charges required to be paid to shipper or government for the return of the product to RevGenetics will be paid for by the customer at the time a redelivery to a new location is made or deducted from any insurance refunds should the package be lost in transit back to the RevGenetics facility.
2. Privacy and Use of Information
Tracking Technologies and Analytics
To enhance your experience on our website and ensure a seamless purchasing process, we use various tracking technologies, such as pixels, scripts, and cookies, to collect data about your browsing and purchasing behavior. These tools also allow us to improve our marketing efforts by providing tailored ads and better insights. Below, we outline the types of data collected, the technologies used, and your rights concerning this data.
Information We Collect:
We may collect the following information when you visit our website or make a purchase:
- Personal Information: This may include your email address, phone number, and shipping/billing details. This information is used to complete your purchase and provide customer support.
- Transactional Data: Information such as products purchased, total transaction value, shipping details, and taxes may be collected to ensure a seamless shopping experience.
- Behavioral Data: We may collect information about your activity on our site, such as pages viewed, time spent on the site, and items placed in the cart.
How We Use the Collected Data:
The data we collect may be used in the following ways:
- Order Processing: To complete your purchases, provide shipping information, and send you order updates.
- Analytics & Reporting: To understand how users interact with our site, track sales performance, and improve user experience.
- Marketing & Advertising: We may share anonymized data with third-party platforms (e.g., Facebook, Twitter, Bing) for targeted advertising campaigns based on your interests or past interactions on our site.
- Retargeting & Personalized Ads: We may use cookies and pixels from services such as Facebook, Google, and Twitter to deliver personalized ads based on your browsing behavior. This includes tracking your visits to our website and other sites across the internet.
Third-Party Technologies:
We integrate third-party services to assist with marketing and analytics, including but not limited to:
- Bing UET Tag: For tracking conversions and providing personalized ads.
- Google Tag Manager: For managing and loading scripts efficiently across our site.
- Facebook Pixel: For tracking interactions on our site and displaying personalized ads on Facebook.
- Twitter Conversion Tracking: To analyze conversions from Twitter ads and personalize future ad campaigns.
- ClickCease: For preventing click fraud and protecting advertising campaigns.
- ShopperApproved: For gathering product reviews and enhancing customer feedback.
These services may collect and process data according to their own privacy policies. We recommend reviewing the privacy policies of these third parties to understand how they manage your data.
Your Rights Under GDPR & CCPA:
- Right to Access: You have the right to request a copy of the personal data we hold about you.
- Right to Erasure: You may request that we delete your personal information, subject to certain exceptions (such as completing an active transaction).
- Right to Rectification: If you believe any of your data is inaccurate, you can request corrections.
- Right to Object: You may object to the processing of your personal data for marketing purposes at any time.
- Right to Data Portability: You can request that we transfer your data to another service provider.
- Right to Opt-Out: Under CCPA, California residents have the right to opt-out of the sale of their personal information. To exercise this right, please [contact us].
How to Manage Your Preferences:
You can control the use of cookies and tracking technologies through your browser settings. You can also opt-out of personalized ads through the following platforms:
Data Retention:
We retain your personal information for as long as it is necessary to provide you with services, fulfill legal obligations, resolve disputes, and enforce our agreements.
Changes to This Section:
We may update this section from time to time to reflect new technologies or changes in privacy regulations. Any changes will be posted on this page, and where appropriate, notified to you via email or other communication channels.
3. Verification of Identity for Customer Support Interaction
When interacting with RevGenetics customer support through phone or email concerning orders valued at $75 or above, it is essential for us to confirm your identity to ensure secure communication and to prevent fraudulent activities.
For identity verification purposes, we may request a copy of your government-issued identification, such as a driver’s license, passport, or any other federally recognized ID, regardless of your location, whether within the USA or abroad.
By reaching out to RevGenetics customer support concerning orders of $75 or above, you agree to promptly provide the requested identification document when asked by our customer support representatives.
If asked, please securely send a scanned copy of the requested document either via fax to 866-430-3953 or through email at Orders@RevGenetics.com. We recommend that you obscure any sensitive information that is not necessary for identity verification to protect your privacy.
RevGenetics reserves the right to postpone or restrict communication, services, or transactions until satisfactory identity verification is complete. This is a measure to protect both the customer and RevGenetics LLC from potential fraud or unauthorized communication regarding orders.
We value your privacy and will handle your identification documents with utmost care, in compliance with applicable data protection laws
4. Shipping Policy and Handling of Damaged Products
RevGenetics LLC reserves the right to use alternative shipping carriers to ensure quality service. RevGenetics LLC is not liable for any delays, losses or issues with the product caused by carrier errors. For lost shipments not acknowledged as such by the carrier, we are unable to provide a replacement. We advise reaching out to your postal carrier for resolution.
Customers have 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.
If you receive products that are damaged or have incorrect quantities, please contact our Customer Service Department at Orders@RevGenetics.com within 48 hours. Failure to do so will prevent us from being able to offer a solution or replacement. Be sure to take photos of the package and the products received, as these are required to process any claims. Do not dispose of any damaged products or packaging without instructions from Customer Service, as they may need to be returned. You must report any damaged, missing, or defective merchandise within seven days of delivery. After this period, you acknowledge that no claims regarding physical issues, such as damage or incorrect quantities, can be reported, and no returns or exchanges will be accepted.
Most deliveries do not require a signature. By choosing standard shipping, you waive the right to customer-signed Proof of Delivery in any merchant chargeback dispute. Carrier's proof of delivery is considered as conclusive evidence of product delivery.
A. Free Shipping Policy
- Free shipping is available to select countries and orders, primarily within the USA. Some countries do not qualify for free shipping, and supplements may not be allowed across their borders. By ordering from these countries, you assume full responsibility for the package and agree that no refunds will be issued in case of loss, damage, destruction, or return.
- Free shipping is limited to specific products. Combining a free shipping product with a non-free shipping product will incur shipping charges.
- RevGenetics reserves the right to select the shipping carrier for free shipping, which may take 1-2 months for international deliveries. If faster shipping is required, choose DHL Express Worldwide if it is available.
- If Free Shipping is not offered at checkout, it is not available for your location.
- Free Shipping is not applicable retroactively after the order has been shipped.
- If a package shipped with Free Shipping is returned and needs reshipment, the customer must pay the shipping fee for the reshipment.
- Free Shipping is available only once per household in a 30-day period.
- For returns, items shipped with Free Shipping within the US are subject to a 10% restocking fee (minimum $5.50), and internationally shipped items are subject to a 100% restocking fee.
Customers are advised to purchase insurance whenever possible for their shipments if they have any concerns regarding delivery.
5. International Orders and Shipping Policy
RevGenetics LLC displays estimated prices in various currencies for your convenience. However, these estimates may not be accurate. Please note that all transactions, except cryptocurrency, will be processed in US Dollars (USD). The customer is solely responsible for any international transaction fees, foreign transaction fees, currency conversion fees, and fluctuations in currency rates. Any refunds issued by RevGenetics will be in USD and based on the conversion rate at the time of the transaction. The customer is also responsible for any fees charged by their bank or credit card company for any transaction, charge, refund, or cancellation.
As the consignee/buyer, you authorize RevGenetics LLC to import goods on your behalf, and understand that RevGenetics LLC may delegate this obligation to a subcontractor (e.g., customs broker). Taxes and duties, in addition to the purchase price of the goods, will be borne by the consignee.
Requirements for International Orders
A valid email address, physical address, and contact phone number are mandatory for international orders. We will not process international orders without this information.
Shipping Options and Tracking
First Class International shipping is provided via postal services and does not include electronic tracking. Deliveries to Canada and Europe generally take 1-2 weeks, while deliveries to Asia and the Pacific may take 2-3 weeks. While this method is cost-effective, RevGenetics cannot guarantee delivery or offer refunds for this shipping method. By choosing First Class International shipping, you waive your right to customer-signed Proof of Delivery in any merchant chargeback dispute, and accept our shipment notification email with the delivery number as conclusive proof of delivery.
For trackable shipping options, please select an alternative shipping method.
Taxes, Customs, and Duties
The customer is responsible for any issues related to government limits on products, taxes, customs fees, and duties for all international orders. If customs withhold a shipment due to a government limit or restriction, non-payment of import duties or taxes, and the shipment is returned because the customer refuses delivery for any of these reasons, the order will be considered an unauthorized return and will not be eligible for a refund. Any fees incurred to return the order to RevGenetics due to an unauthorized return are the responsibility of the customer. Before placing an order, please consider the international taxes, duties, and limits your country imposes on the purchase of products for personal use.
If an order is returned due to restrictions, banned products, an incorrect address, inability to communicate with customs, or failure to provide necessary documentation, no refund will be issued. Please contact us within 30 days to arrange redelivery to an alternative address or to reattempt delivery for an additional shipping fee. Packages not redelivered within this timeframe will be held at our office and discarded after 30 days.
In the rare event that a package is sent to a previous address, your cooperation in retrieving the package is appreciated. This may include providing contact information for the current resident or retrieving the package in person.
Additional Verification for First-Time International Customers
First-time international customers with orders exceeding $81 may be asked to provide additional verification to protect against unauthorized use of information. If necessary, we will contact you via email requesting documents such as the front page of your credit card statement, or copies of the front and back of your credit card along with a utility bill displaying your shipping address. We only require the credit card company's logo, address, your name, address, and the last four digits of your card. No purchase history is needed. Your information will be used solely for verification purposes. Please fax documents to +1 866-430-3953 or email them to orders@revgenetics.com.
6. Recurring Orders Policy
A “Recurring Order” refers to an order in which the customer selects a product tagged with the term “recurring” or "subscription" in the product description on the invoice. The customer acknowledges and agrees that by opting for this product, they authorize RevGenetics LLC to automatically ship the chosen product(s) and bill their account for at least two shipments within a six (6) month period post the initial order. Please note that Recurring Orders are non-refundable and not eligible for the 30-day money-back guarantee.
Benefits of Recurring Orders
- Price Protection: Customers subscribing to Recurring Orders are insulated against any future price increases.
- Priority Shipment: Recurring Order customers receive priority in product shipment, especially in cases of low stock.
- Flexible Scheduling: Customers can adjust the shipment schedule or pause it by contacting Orders@RevGenetics.com.
Changes and Cancellation of Recurring Orders
Changes or cancellations to Recurring Orders must be communicated via email to Orders@RevGenetics.com at least three (3) business days prior to the next scheduled shipment. Any changes communicated later than this may not be accommodated. Note that we are unable to issue refunds for Recurring Orders; only future deliveries can be halted.
In the event that RevGenetics LLC runs out of stock on a specific recurring product, you grant permission to RevGenetics LLC to defer the shipment until the product is back in stock or a suitable alternative has been agreed upon. In cases where a product is discontinued, RevGenetics reserves the right to cancel your Recurring Order.
If a Recurring Order is cancelled prior to the receipt of the minimum number of shipments, a correction will be applied to the order to reflect the actual shipping costs and any difference in product pricing between the recurring subscription and the single purchase price. In such cases, a shipping fee of $5.50 or the actual shipping and handling costs, whichever is higher, will be charged for each Recurring Order that was shipped. By making a purchase from RevGenetics, you consent to allow any necessary corrections to be made to your order which may include additional charges or refunds to your payment method. For international transactions, you accept the exchange rates at the time the correction is executed.
RevGenetics LLC holds the discretion to modify the Recurring Orders Policy at any time. Customers will be notified of significant changes affecting their subscription.
7. Delayed Orders and Authorized Charges
Customers acknowledge that there may be occasional delays in processing orders, shipments, or billing due to various reasons such as backorders, safety assessments, or technical issues.
Authorization and Charging: You consent that RevGenetics LLC is authorized to charge your credit card or any payment method on file to rectify an issue, or to facilitate uninterrupted service for recurring orders. This authorization is valid for up to 360 days following the initial order date. Additionally, RevGenetics LLC reserves the right to share pertinent information with credit bureaus to resolve payment issues.
Failure of Payment: In cases where a chargeback is initiated, a check is dishonored, or any other payment method fails, the customer is required to settle the account balance within 30 days of the initial purchase date. Failure to do so will incur a monthly finance charge of 10% or the maximum permitted by law.
Recovery Fees: Upon initial failure of payment, RevGenetics LLC will impose recovery fees to the amount due. This includes a RevGenetics recovery fee of $35, along with any additional fees levied by merchant services and any legal or collection expenses incurred in the course of recovering the payment. The total amount owed will consist of the original amount, recovery fees, and any accrued finance charges.
Rationale for Charges: These fees and charges have been instituted in response to instances where customers have initiated chargebacks following orders that used first-class shipping, which does not provide signature confirmation. As these cases necessitate the involvement of collections agencies and credit bureaus, they generate significant expenses for RevGenetics LLC. These measures are aimed at mitigating fraudulent orders, safeguarding RevGenetics LLC’s interests, and maintaining low costs for our genuine customers.
8. Description of Services
Scope: RevGenetics LLC offers various services on this site, which may include, but are not limited to, the sale and distribution of foods, nutritional supplements, health and beauty products and vitamins. The associated fees for these services are detailed under the membership and service fees section on this site.
Customer Responsibilities: Customers are solely responsible, at their own expense, for procuring all equipment and services necessary to access and use the services on this site. This includes, but is not limited to, computers, modems, and internet access, along with any associated fees.
Modification or Discontinuation: RevGenetics LLC reserves the right, in its sole discretion, to modify, discontinue, or alter any aspects of the site or its services, including features and pricing, at any time and without prior notice. RevGenetics LLC shall not be liable to you or any third party for any modification, suspension, or discontinuation of the site or services.
Temporary Interruptions and Third-Party Networks: Customers acknowledge that there may be temporary interruptions in services due to routine maintenance, server downtime, or other factors. Furthermore, RevGenetics LLC does not have control over third-party networks or services that may be accessed in the course of using this site. As such, RevGenetics LLC is not responsible for any delays, disruptions, or other issues that may arise from using third-party networks.
AS-IS Basis: The services available on this site are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied. RevGenetics LLC expressly disclaims any warranties for the security, reliability, timeliness, and performance of the services. The company is not responsible for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. By using the services, you agree to assume all risks associated with such use, and you expressly agree that RevGenetics LLC will not be liable for any damages arising from your use of or inability to use the services.
9. Registration Data and Privacy
Account Creation: To access certain services on this site, you may need to create an account. This involves completing our online registration form, which will require you to provide certain information and data (“Registration Data”). It is imperative that you provide true, accurate, current, and complete information in the Registration Data. You also agree to promptly update this information to ensure it remains current, complete, and accurate.
Data Usage: By creating an account, you grant RevGenetics LLC the right to use your Registration Data for the purposes of providing services, processing orders, and improving the overall user experience. Additionally, you authorize RevGenetics LLC to disclose certain Registration Data to third parties, in accordance with our Privacy Policy, for the purposes including but not limited to marketing, analytics, and service improvements.
International Transactions and Data Protection: As a global company, RevGenetics LLC may transfer your data across borders, and by using our services you consent to such transfer. However, when dealing with the European Union, we shall comply with the applicable laws and regulations concerning data protection. If you are located in the EU, please be advised that while we strive to protect your privacy, the protection afforded by EU law may not be equivalent in other countries.
Privacy Policy: The collection, use, and disclosure of information obtained through your use of this site, including Registration Data, are governed by our Privacy Policy, which is hereby incorporated by reference into these Terms of Use.
Limitation of Liability: RevGenetics LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of the use or disclosure of your Registration Data. This limitation applies irrespective of whether the damages were foreseeable or whether RevGenetics LLC was advised of the possibility of such damages.
10. Payment of Fees
Payment Obligation: If you place an order for a product or service that requires payment, you are obliged to pay all fees associated with such product or service. RevGenetics LLC will bill the credit card you provide. Fees for recurring services are billed in advance. You must provide accurate and complete billing information including a valid credit card, your name, address, and telephone number. You are responsible for informing RevGenetics LLC of any changes to your billing information within seven (7) days of the change.
Non-Payment: If your credit card company refuses to authorize payment, RevGenetics LLC reserves the right, at its discretion, to suspend or terminate your subscription to the service. You may be required to pay any overdue amounts through alternative means acceptable to us. Additionally, RevGenetics LLC reserves the right to charge a reinstatement fee for any suspended or terminated accounts.
Continued Accrual of Charges: You agree that as long as your subscription is active, you will continue to accrue charges for which you are responsible, regardless of whether you utilize the services.
Collection and Legal Actions: In the event that RevGenetics LLC has to take legal action to recover unpaid balances, you agree to reimburse RevGenetics LLC for all expenses incurred in the recovery effort, including but not limited to attorney fees, court costs, and any other legal expenses.
Authorization to Employ Collection Measures: You expressly authorize RevGenetics LLC to employ any lawful means necessary to secure payment when a balance is overdue. This includes, but is not limited to, contacting you by telephone, mail, or email, engaging collection agencies, and reporting delinquent payment to credit bureaus.
Limitation of Liability and Indemnification: RevGenetics LLC is not liable for any incidental, indirect, consequential, punitive, or special damages of any nature whatsoever arising out of or related to providing or receiving services under these terms. Additionally, you agree to defend, indemnify, and hold harmless RevGenetics LLC and its agents, contractors, officers, directors, shareholders, and employees against any losses, claims, damages, costs, penalties, or expenses (including reasonable attorney’s fees) that may be incurred as a result of your breach of these payment terms.
11. No Medical Advice or Claims
Disclaimer: RevGenetics LLC exclusively sells foods and dietary supplements and does not engage in providing medical advice, diagnoses, or any professional healthcare services. The information and content available on this site, including product descriptions and testimonials, are for informational purposes only and should not be construed as medical advice.
Consultation with Healthcare Professionals: It is highly recommended that you consult with a qualified healthcare professional prior to using any products available on this site, particularly if you have any underlying health conditions, are pregnant, nursing, or taking medication. You agree not to purchase any food or supplement if you have any illness, without first consulting with your physician. By purchasing our foods or supplements you assure us that you are healthy, have no medical issues and will consult your physician before taking any supplements purchased. Your decision to purchase and consume any products from this site signifies your acknowledgement of the importance of engaging in a discussion with a healthcare professional.
Regulatory Compliance: RevGenetics LLC is committed to compliance with the regulations set by the Food and Drug Administration (FDA), the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and other relevant government agencies. All advertising and product information are consistent with the legal requirements and written government approved guidelines provided by these agencies. RevGenetics LLC does not make any claims that products can diagnose, treat, cure, or prevent any diseases.
Limitation of Liability: The content and information on this site, including product descriptions, are provided “AS-IS” without any warranties, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The opinions and information posted on this site are derived from sources believed to be reliable; however, RevGenetics LLC makes no representation or warranty as to their accuracy or completeness. Neither RevGenetics LLC, nor its employees, authors, or associates, shall be held responsible or liable for the accuracy, usefulness, or availability of any information posted on this site. Under no circumstances shall RevGenetics LLC be liable for any loss or damage caused by your reliance on information obtained through this site.
12. Acceptance of Terms and Conditions and Electronic Signatures
Explicit Agreement: By accessing and using this site, whether by clicking on any link, button, or other interactive elements, or by engaging in any transactions including completing the registration or shopping process, you are explicitly acknowledging and agreeing to be bound by these Terms and Conditions. This explicit agreement acts as a legal binding contract between you and RevGenetics LLC.
Electronic Signature: Your actions, including but not limited to, accessing, clicking, or interacting with any part of this site, and/or providing any information during registration or shopping process, constitute your electronic signature. This electronic signature is equivalent to a written signature as provided under the U.S. ESIGN Act of 2000 and other applicable laws. By engaging in these actions, you affirmatively consent and agree to be bound by these Terms and Conditions.
Acknowledgment of Understanding: By using this site, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained herein. If you do not agree with these terms and conditions, you are advised not to use this site or avail any of its services.
Verification and Information Accuracy: You are required to provide true, current, and complete information when interacting with this site. If RevGenetics LLC has reasonable grounds to suspect that the information you provided is not current, untrue, or inaccurate, or if there is evidence that these Terms and Conditions have not been complied with, RevGenetics LLC reserves the right to suspend or terminate your access to the site and refuse any and all current or future use of the services (or any portion thereof) at its sole discretion.
Indisputable Acceptance: Your access and use of this site is recorded. By engaging with the site, you acknowledge that these records constitute indisputable evidence of your acceptance of these Terms and Conditions. You waive any right to dispute or contest the validity of your agreement to these Terms and Conditions based on your use of the site.
13. Conduct on Site
Compliance with Laws and Regulations: Your use of this site must be in strict compliance with all applicable laws, regulations, and community standards. You are solely responsible for the contents of your communications and actions through the site.
Prohibited Conduct: By engaging with this site in any manner, including posting information, using any product, webpage, or service, you expressly agree not to engage in the following conduct:
- (a) Engage in unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or tortious behavior, or any behavior that violates our rules or policies.
- (b) Victimize, harass, degrade, or intimidate any individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
- (c) Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
- (d) Engage in unauthorized advertising, spamming, or any form of unauthorized solicitation, or any form of lottery or gambling.
- (e) Introduce software viruses or any other malicious code that attempts to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
- (f) Impersonate any person or entity, including any of our employees or representatives. Submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals.
- (g) Use, display, mirror, or frame the Services or any individual element within the site, RevGenetics LLC’s name, trademarks, logos, or other proprietary information, or the layout and design of any page or form contained on a page, without RevGenetics LLC’s express written consent.
- (h) Access, tamper with, or use non-public areas of the Services, RevGenetics LLC’s computer systems, or the technical delivery systems of RevGenetics LLC’s providers.
- (i) Attempt to probe, scan, or test the vulnerability of any RevGenetics LLC system or network or breach any security or authentication measures.
- (j) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by RevGenetics LLC or any of RevGenetics LLC’s providers or any other third party to protect the Services or Content.
- (k) Attempt to access or search the Services or Content, or download Content from the Services through the use of any engine, software, tool, agent, or device not provided by RevGenetics LLC or other generally available third-party web browsers.
- (l) Extract, scrape, index, copy, or mirror the Services or Content or portions thereof without express written consent.
- (m) Use any meta tags or other hidden text or metadata utilizing a RevGenetics LLC trademark, logo, URL, or product name without express written consent.
- (n) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information.
- (o) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or Content.
- (p) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
- (q) Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or RevGenetics LLC’s infrastructure.
- (r) Delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content.
- (s) Use the Services or Content, or any portion thereof, for any commercial or government purpose or for the benefit of any third party in a manner not permitted by these Terms.
- (t) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission.
- (u) Violate any applicable law.
- (v) Encourage or enable any other individual to do any of the preceding.
Liability Waiver: RevGenetics LLC is not responsible for the content uploaded or submitted by third-party users. Though not obligated, RevGenetics LLC reserves the right to monitor, edit, or remove content that does not comply with these Terms of Use or is harmful, objectionable, or inaccurate.
Termination and Cooperation with Law Enforcement: RevGenetics LLC reserves the right to terminate your membership or access to the site for violating any of the conduct provisions without prior notice. Additionally, RevGenetics LLC will fully cooperate with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Liquidated Damages: Should you violate these conduct provisions, and RevGenetics LLC incurs any costs, losses or damages, direct or indirect, including but not limited to legal fees, as a result of such violation, you agree to compensate RevGenetics LLC for all such costs, losses or damages. Furthermore, you agree that RevGenetics LLC may seek injunctive relief against you to prevent further violations.
14. Intellectual Property and Advertising Information
Copyright © 2019-2024 RevGenetics LLC. All Rights Reserved.
For the purpose of these Terms of Use, "content" refers to all information, communications, software, photos, videos, graphics, music, sounds, and other materials and services that can be viewed by users on our site. This includes message boards, chat, and other original content.
By accepting these Terms of Use, you acknowledge that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The content is the exclusive property of RevGenetics LLC and/or its affiliates. You commit to exercising the utmost care and diligence in utilizing the content.
Good Faith Collaboration: Should you identify any issues with the text used in advertising, claims, benefits, labels, statements, or any copy on our website, ads, or text outside of the website, you agree to notify RevGenetics in writing, providing details of the specific text issue, error, and webpage. This must be done in good faith with the intent to allow RevGenetics to rectify the issue within 30 days of notification. Government entities or employees shall notify RevGenetics within 7 days of the initial finding, and provide a reasonable opportunity, not less than 6 months, for corrective actions to be completed if necessary, before initiating any formal action or public report.
Recalls: You agree that recalls of products that utilize RevGenetics intellectual property will only be initiated for products that are unsafe or ineffective. Any other action such as the withdrawal of products from the market will only be taken if there is an imminent health risk.
Authorized Use: You are only permitted to use the content as expressly authorized by RevGenetics or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from RevGenetics or the specific content provider. Unauthorized use of materials may result in legal consequences.
Warranties and Infringement: Neither RevGenetics nor its affiliates warrant that your use of materials displayed on or obtained through this site will not infringe the rights of third parties. If any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, they should follow the procedures described in the "Claims of Infringement" section below.
Trademarks: All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of RevGenetics or its affiliates. All other trademarks or service marks are the property of their respective owners. These Terms of Use do not grant you any rights to use any trademark, service mark, logo, and/or the name of RevGenetics or its affiliates without express written consent.
15. User's Materials
Subject to our Privacy Policy, any communication or material transmitted to this site or to us, via electronic mail or other means, will be deemed non-confidential and non-proprietary. Although you retain all rights in such communications or material, you grant RevGenetics and its authorized sublicensees an irrevocable, royalty-free, perpetual, and worldwide license to use, copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise utilize such material for any purpose, irrespective of the form or medium (whether known now or developed later).
To safeguard RevGenetics interests, do not submit confidential or proprietary information unless there is a mutual written agreement to the contrary. Furthermore, RevGenetics does not accept unsolicited ideas or proposals, so please refrain from submitting them under any circumstances.
RevGenetics respects intellectual property rights and expects the same from you. If you or any user of this site believes that a posting on this site infringes upon copyright, trademark, or other property rights, please send notification to our Designated Agent immediately, adhering to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c).
Notification must include:
- A physical or electronic signature of an authorized representative of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Contact information for the complaining party, such as an address, telephone number, and email address.
- Identification of the material that is claimed to be infringing with information to locate the material.
- A statement expressing a good faith belief that the material’s use is unauthorized by the copyright owner, agent, or law.
- A statement, under penalty of perjury, that the information in the notification is accurate and the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Recourse: Following receipt of a notice of a claim of copyright infringement, RevGenetics may promptly remove the identified materials from our site without any liability. The complaining party and the party that originally posted the materials will be subject to legal scrutiny and possible actions by the United States Copyright Office as provided in the Digital Millennium Copyright Act.
Designated Agent for Claimed Infringement:
℅ Anthony LoeraRevGenetics, LLC
16782 SW 88th St #357
Miami, FL 33196
www.revgenetics.com
Limitation on Liability: In no event shall RevGenetics be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, arising from your use of the materials or content, even if RevGenetics has been advised of the possibility of such damages.
16. Warranty Disclaimer
DISCLAIMER OF WARRANTIES: ALL MATERIALS, PRODUCTS, AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. REVGENETICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. REVGENETICS DOES NOT REPRESENT OR WARRANT THAT MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
REVGENETICS MAKES NO WARRANTY THAT (a) THE MATERIALS, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE MATERIALS, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS, PRODUCTS, OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (d) THE QUALITY OF ANY MATERIALS, PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
NO RELIANCE: THIS SITE MAY CONTAIN TECHNICAL MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. REVGENETICS RESERVES THE RIGHT TO MAKE CHANGES TO THE MATERIALS AND SERVICES AVAILABLE ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT PRIOR NOTICE. REVGENETICS DOES NOT WARRANT THAT THE MATERIALS, PRODUCTS, AND SERVICES AT THIS SITE WILL BE UP TO DATE, AND REVGENETICS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
ASSUMPTION OF RISK: YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, PRODUCTS, SERVICES, AND ANY THIRD PARTY WEBSITES, PRODUCTS OR SERVICES. YOUR USE OF THIS SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. REVGENETICS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
COMMERCIAL TRANSACTIONS: YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDISE AND SERVICES AND YOU. REVGENETICS MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY REVGENETICS OR ANY OF ITS AFFILIATES.
OPINIONS AND STATEMENTS: Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with RevGenetics. RevGenetics does not endorse, nor is it responsible for the accuracy, reliability, or completeness of any opinion, advice, or statement made by anyone other than an authorized RevGenetics spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.
17. Limitation of Liability
EXCLUSIVE REMEDY: In the event that you have any grievance, claim or cause of action arising out of or relating to these Terms of Use or your utilization of this site, you concur that your exclusive remedy will be limited to the direct damages you actually incur, not to exceed the total amount paid by you to RevGenetics for the products or services on this site during the three (3) month period immediately preceding the date on which the claim arose.
NO INDIRECT DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVGENETICS OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, DEATH, LOSS OF REVENUES, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR BUSINESS INTERRUPTION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, OR ANY THIRD-PARTY SITES REFERENCED OR LINKED TO FROM THIS SITE, EVEN IF REVGENETICS, OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIRD-PARTY GOODS AND SERVICES: REVGENETICS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. ANY DEALINGS WITH THIRD PARTIES (INCLUDING ADVERTISERS) INCLUDED WITHIN OR AVAILABLE THROUGH A LINK ON THE REVGENETICS WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY (INCLUDING ISSUES RELATED TO THE CONTENT OF THIRD PARTY ADVERTISEMENTS, PAYMENTS, DELIVERY OF GOODS, WARRANTIES, PRIVACY AND DATA SECURITY, AND THE LIKE). REVGENETICS IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY YOUR DEALINGS WITH THESE THIRD PARTIES.
APPLICABLE LAW: Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations may not apply to you. In such jurisdictions, RevGenetics liability shall be limited to the greatest extent permitted by law.
18. INDEMNIFICATION
IMPORTANT NOTICE: BY ACCESSING, USING, OR PURCHASING ANY PRODUCT FROM THIS WEBSITE, OR ANY OF OUR PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING INDEMNIFICATION TERMS WHICH ARE CRUCIAL FOR THE LEGAL PROTECTION OF REVGENETICS AND ASSOCIATED PARTIES:
- Indemnity Obligations: You agree to indemnify, defend, and hold harmless RevGenetics, its agents, affiliates, contractors, officers, directors, shareholders, employees, representatives, licensors, suppliers, and any third-party information providers (collectively, the “Protected Parties”) from and against any and all liabilities, claims, damages, losses, costs, penalties, and expenses, including reasonable attorney's fees, arising out of or in connection with your use or misuse of this website, products, or services, any violation of these Terms of Use, or any activity related to your account (including, but not limited to, negligent or wrongful conduct), whether such activity is undertaken by you or any other person accessing the site using your account.
- Reservation of Rights: RevGenetics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with RevGenetics in asserting any available defenses and in providing all necessary information, assistance, and authorizations required for the defense of any claim or action.
- Notice of Claims: Upon becoming aware of any claim, action, or proceeding that may give rise to indemnification obligations under these Terms of Use, you must promptly notify RevGenetics in writing a the contact address provided, and provide all relevant information. Failure to provide timely notice shall not relieve you of your indemnification obligations unless such failure materially prejudices RevGenetics ability to defend against the claim.
- Waiver of Consequential Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS AGAINST THE PROTECTED PARTIES FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, PRODUCTS, OR SERVICES.
19. AGREEMENT TO ARBITRATE
You and RevGenetics, including its affiliates, agree that any dispute, claim, or controversy arising out of or relating to these Terms, products, services, or materials, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”) will be resolved through binding arbitration.
- 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.
- 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.
- Arbitration Rules: Any Dispute shall be resolved through binding arbitration in accordance with the rules of net-ARB.com. Costs of arbitration shall be borne by the user initially and may later be apportioned by the arbitrator.
- Arbitration Process: To initiate arbitration, a written Demand for Arbitration must be sent by email. The parties will contact net-ARB.com to commence the process. If net-ARB.com refuses the case or if the parties cannot agree on initiating arbitration within seven (7) days, RevGenetics will select a new arbitration service within 90 days of the refusal and proceed with arbitration.
- Arbitrator’s Decision: The arbitrator’s decision will be final and binding. Judgment on the award may be entered in any court with jurisdiction. The arbitrator must abide by the limitations set forth in the “Limitation of Liability” section concerning types and amounts of damages. The arbitrator may award declaratory or injunctive relief only in favor of the 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.
- 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:
- 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.
- No Waiver: RevGenetics failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision in that or any other instance.
- Limitation of Actions for RevGenetics: Any 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:
- Control and Operation: This site, excluding any linked sites, is controlled and operated by RevGenetics from its offices within the State of Florida, United States of America. The site can be accessed from all 50 states in the United States, as well as other countries worldwide.
- Applicable Law: By accessing this site, you and RevGenetics agree that the statutes and laws of the State of Florida, United States of America, without regard to its conflict of laws principles, will govern all matters relating to the use of this site and any transactions, including the purchase of products and services through this site.
- International Users: If you are accessing this site from outside the United States, you are responsible for compliance with your local laws. RevGenetics makes no representation that materials on this site are appropriate or available for use in locations outside the United States.
- Jurisdiction and Venue: In the event that the Agreement to Arbitrate is held to be unenforceable or if it does not apply to the dispute, you agree and hereby submit to the exclusive personal jurisdiction and venue of the District of Miami-Dade County and the United States District Court for the Southern District of Florida with respect to such matters. This submission is intended to be mandatory and not permissive. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
22. ENTIRE AGREEMENT AND AMENDMENT
IMPORTANT: The following section establishes the entirety of the agreement between you and RevGenetics regarding your use of this site and any transactions you engage in through this site.
- Entirety of Agreement: These terms and conditions, along with any other policies or guidelines referenced herein, constitute the entire agreement and understanding between you and RevGenetics concerning the subject matter hereof and supersede all prior oral or written agreements, representations, or understandings between you and RevGenetics. There are no representations, agreements, arrangements, or understandings, oral or written, between or among you and RevGenetics relating to the subject matter of this agreement which are not fully expressed herein.
- Non-Alteration: These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s), verbal agreements, or written communication. Any attempt to alter, supplement, or amend this document, or to enter an order for products or services which are subject to additional or altered terms and conditions, shall be null and void, unless expressly agreed to in a written agreement executed by an authorized representative of RevGenetics.
- Conflict Resolution: To the extent that anything in or associated with this site, including but not limited to, advertisements, promotions, or communications is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence, and such conflicting or inconsistent materials should be disregarded.
- Amendment by RevGenetics: RevGenetics reserves the right to modify or amend these Terms of Use at any time without notice. Such modifications shall be effective immediately upon posting on this site. Your continued use of this site after such modifications are posted shall be deemed to constitute acceptance by you of such modifications.
23. MISCELLANEOUS
IMPORTANT: The following provisions pertain to additional rights and responsibilities between you and RevGenetics.
- Enforcement and Attorney's Fees: In any action or proceeding to enforce or interpret these Terms of Use, the substantially prevailing party will be entitled to recover its reasonable costs and attorney’s fees, expert witness fees, and other costs of litigation or arbitration from the other party.
- Non-Assignable: You may not assign, transfer, or delegate your rights and obligations under these Terms of Use to any third party without the prior written consent of RevGenetics. Any unauthorized attempt to do so shall be null and void. RevGenetics may freely assign or transfer its rights and obligations under these Terms of Use.
- Force Majeure: RevGenetics shall not be liable for any failure or delay in the performance of its obligations hereunder arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; terrorism; acts of government; labor disputes; pandemics; network issues; interruptions in transportation; inability to secure necessary materials or resources; accidental loss or malicious actions by third parties, or any similar or dissimilar cause. Time for performance of any such obligation will be extended for the time period lost by reason of the delay.
- Severability: 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.
- No Waiver: Any failure by RevGenetics to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision, nor shall it affect the validity of any part of these Terms, or the right of RevGenetics thereafter to enforce each and every provision.
24. Contact Information
If you have any additional questions or concerns about these terms and conditions, please feel free to contact us any time through this website or at RevGenetics, 16782 SW 88th St #357
Miami, FL 33196, USA
II. COMMERCIAL RESEARCH IP & AFFILIATE TERMS OF USE
For purposes of our Affiliates Terms of Use, Commercial Intellectual Property, Government contracts, Government commercial use and research material purchases, the above sections are hereby incorporated by reference in addition to the following terms:
1. Commercial Use License
The following terms apply to any individual, company, government or entity (hereafter "Affiliate") using any materials, products, or services ("Work") accessible on this site, or in communications exceeding the limitations of the Personal Use License (Section 14), or committing any action listed in the prohibited uses (Section 13). By conducting any such activities, the Affiliate implicitly agrees to purchase a Commercial Use License from RevGenetics, which grants a revocable, non-exclusive, non-transferable license to access, view, and use one copy of the Work for commercial purposes. The Commercial Use License is contingent upon full adherence to these terms. If you are a government employee and you violate the Antideficiency Act, you will personally be responsible for any expenses that may result on top of criminal charges. This includes any commercial use of work, as stated in this section. Government employees that do not have contracting authority agree to the full TOS, assume personal liability for all commercial licenses and indemnifications in this agreement. Federal law allows fines of up to $75,000 for the first violation and $150,000 for additional ADA violations. States and local governments may allow additional fines.
Each instance of a Work or its separate image is subject to a unique Commercial Use License. Consequently, multiple commercial uses of various Works or distinct images of the same Work necessitate the purchase of multiple Commercial Use Licenses, one license per use or image. In essence, any usage that potentially or demonstrably impacts RevGenetics adversely, infringes local laws, DMCA, or any regulation, even if the license is subsequently revoked, will be considered a purchased Commercial Use License. The Affiliate agrees to remit the licensing fee and any additional late charges, irrespective of RevGenetics legal actions under state or federal law.
The term of the Commercial Use License commences on the date the Affiliate first uses the Work beyond the Personal Use License's scope, and continues until the one-year anniversary of the initial usage. This license renews automatically for successive one-year terms, unless the Affiliate notifies RevGenetics in writing, to the contact address provided, of their intent to discontinue, at least sixty (60) days before the term expiration. To this end, contact the copyright holder via email at anthony@revgenetics.com. In your email, please specify the particular Work(s) to be licensed, including its/their URL(s) on this website, products, or services, and the particular use(s) to which you will put the Licensed Work(s), including URL(s) where the Work(s) will be located, where applicable. We will, in response to your email, provide you with wire instructions to be used when making all payments. Note, however, that RevGenetics reserves the right to terminate the Commercial Use License at any point, following the procedures outlined in these Terms.
The licensing fee, US$10,000.00 per Commercial Use License, is payable via bank wire at least two (2) days before the initial usage and ten (10) business days before any renewal. A late fee of US$150,000.00 is applicable if the payment isn't received within the stipulated time frame. This fee isn't prorated for partial use within the licensing term, and no refunds are issued for unused periods within the term.
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.
After this grace period, failure to comply will result in the application of standard commercial licensing fees as per Section 18. RevGenetics may terminate any Commercial Use License granted upon ten (10) days’ written notice for performance issues or violations of RevGenetics or additional Kickbooster terms to which the Affiliate assented during the sign-up process via the Kickbooster link.
RevGenetics reserves the right to pursue all available legal remedies and compensation for losses in the event of unauthorized use of the Work or breach of these Terms, including but not limited to, damages, injunctive relief, attorneys’ fees, and costs. Furthermore, the Affiliate agrees to indemnify, defend and hold harmless RevGenetics from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from the Affiliate’s violation or breach of any representation or obligation under these Commercial Use License terms.
3. Severability and Modification Clause
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 including those presented to RevGenetics in any communications electronic or otherwise. Proprietary Information includes but is not limited to trade secrets as defined by the Uniform Trade Secrets Act, processes, production and distribution methods, equipment and systems, supply chain relationships, product specifications, samples, business plans, data analysis, software, inventions, technical know-how, improvements, copyrightable materials, schematics, and any other technical, business, financial, marketing, and product development plans, forecasts, strategies, and information.
This agreement supersedes any prior agreements or contracts between you, the companies you represent, or their affiliates, and RevGenetics or its representatives. By accepting these terms, you release and indemnify RevGenetics and its representatives from any liability or claim arising from disclosure of Proprietary Information. The exclusive remedy for any dispute concerning this clause shall be arbitration, with the combined maximum remedy capped at $10 annually.
10. Extensive Claims Release
In the spirit of fostering transparency and knowledge sharing, you and the companies you represent hereby release RevGenetics LLC, Anthony Loera, and RevGenetics from all claims, demands, and damages arising from or related to the manufacture, sale, marketing, commentary, or use of a product prior to the effective date of your acceptance of these terms. This release extends to claims involving copyright, trademark, trade dress, royalty, and patent disputes.
By accepting these terms, you acknowledge that arbitration shall be the sole and exclusive remedy for any disputes arising under this clause. The cumulative total of remedies obtainable through arbitration shall be limited to $10 per year.
Furthermore, should you or the companies you represent initiate any claim or legal action against RevGenetics in contravention of this clause, you agree to reimburse RevGenetics for all legal fees, costs, and expenses associated with defending such claim or action.
If any part of this provision is found to be unlawful, void, or for any reason unenforceable, then that section of the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Such section of the provision will be replaced with a valid and enforceable section in this provision which achieves, as far as possible, the original objectives and intent of the parties as reflected in the original provision.
11. User Content Licensing and Indemnification
RevGenetics is dedicated to providing quality information, products, and services. Upon communication through email, phone call, or other means regarding content that is or is not copyrighted, trademarked, or patented (“User Content”), you grant RevGenetics an all-encompassing, non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works, publicly display, publicly perform, use in marketing, manufacturing, and sales, and distribute the User Content through RevGenetics Services or in the creation of new products.
You represent and warrant that you hold the necessary ownership or authorization to the User Content and have the legal authority to grant this license. You affirm that the use of your User Content by RevGenetics will not infringe, misappropriate, or violate a third party’s intellectual property rights, publicity or privacy rights, or contravene any applicable law or regulation.
A. User Content and General Indemnification
You agree to indemnify, defend, and hold harmless RevGenetics, Anthony Loera, and their affiliates, agents, and employees from any claim, liability, loss, damage, cost, or expense (including reasonable legal fees) arising out of or related to your User Content. This includes, but is not limited to, third-party intellectual property rights claims, governmental actions, and damages related to bodily injury or property loss.
If required, this agreement serves as an interim license until a formal written Intellectual Property license is provided, with the maximum fee for the written license being One Dollar ($1). This indemnification applies regardless of negligence or wrongdoing on your part. FURTHERMORE YOU UNDERSTAND AND ACKNOWLEDGES THAT THIS HOLD HARMLESS AND INDEMNIFICATION CLAUSE REQUIRES THAT YOU INDEMNIFY REVGENETICS AND AGREE THAT REVGENETICS, ITS AUTHORS, ITS OFFICERS, REPRESENTATIVES, AFFILIATES, AGENTS, AND EMPLOYEES BE INDEMNIFIED AND HELD HARMLESS FOR ANY AND ALL LIABILITY, CLAIMS, COSTS (INCLUDING REAONABLE ATTORNEY's FEES), SUITS, CAUSES OF ACTION, ENFORCEMENTS, JUDGMENTS OR DAMAGES SUSTAINED BY REVGENETICS, ITS AUTHORS OR ANY OTHER PERSON OR PERSONS FOR BODILY INJURY, GOVERNMENT ACTIONS AND FOR INJURY TO OR LOSS OF PROPERTY RESULTING FROM, CAUSED BY OR ARISING OUT OF THE CONDUCT OF THE THIRD PARTY ORGANIZATION, REGULATIONS, MANUFACTURING, USE, INCLUDING AND NOT LIMITED TO THE ISSUES ARISING FROM THE HOLDERS OF THE COPYRIGHT, TRADEMARK, OR PATENTS THAT ARE LICENSED PER THIS CLAUSE. THIS INDEMNIFICATION SHALL APPLY REGARDLESS OF WHETHER SUCH LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARE CAUSED BY THE INDEMNIFYING PARTY'S NEGLIGENCE OR WRONGDOING. YOU AGREE THAT ARBITRATION WILL BE YOUR ONLY REMEDY FOR ANY DISPUTE REGARDING THIS RELEASE AND THAT THE LIMIT OF SUCH REMEDIES TO YOUR FAVOR WILL BE A COMBINED MAXIMUM OF $200 PER YEAR FOR ALL THE TYPES OF DISPUTES DESCRIBED AND ARE REQUIRED TO HOLD THE DISPUTES AS CONFIDENTIAL AND OMMITED FROM THE PUBLIC RECORD AND ALL DOCUMENTS GENERATED AS TRADE SECRETS.
12. Special Power of Attorney
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:
- By using or opening any products labeled as outlined above, or by employing these products for scientific purposes, you affirm that these products are being provided to you by RevGenetics for research purposes only and are not meant for any other use.
- RevGenetics shall be cited as a co-contributor in any patent application or named as the source of materials in any research publication or disclosure resulting from the use of the research materials procured from RevGenetics. In the event of any disagreement relating to this clause, arbitration shall be the sole avenue for resolving such disputes, capped at a maximum compensation of $10 per year.
15. Existing Patents
RevGenetics offers hard-to-find research materials, which may be labeled as "Food Supplements," "Dietary Supplements," "Research Material," or "For Research Only." You acknowledge and agree to the following:
- By using or opening any of the products labeled as outlined above for scientific purposes, you acknowledge that RevGenetics shall be named as co-inventor in any patent that is created, altered or extended through the use of RevGenetics’ materials in the research, development or creation of such a patent.
- If you or your organization hold or have licensed a patent pertaining to our research materials, you hereby grant RevGenetics an unrestricted, irrevocable, royalty-free license or sublicense for the full term of your patent, as part of the consideration for the acceptance or purchase of our products. Any disputes arising under this clause will be resolved through arbitration, with remedies not to exceed $10 per year.
16. Overall Limitation of Liability
To the extent permissible under applicable law, RevGenetics, Anthony Loera, and their respective affiliates, officers, directors, employees, agents, or licensors shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or goodwill, or any other intangible losses arising out of or in connection with your access to, use of, or inability to access or use the website, products, or services. This limitation applies regardless of the legal theory or form of action and even if RevGenetics has been advised of the possibility of such damages.
17. Force Majeure
Neither RevGenetics nor Anthony Loera shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including acts of God, war, terrorism, civil unrest, embargoes, acts of civil or military authorities, fires, floods, accidents, labor strikes, or shortages of transportation, fuel, energy, labor, or materials.
18. Compliance with Laws
You commit to complying with all pertinent laws, rules, and regulations concerning your utilization of the website, products, and services. This includes, but is not limited to, copyright laws, privacy regulations, and export control laws.
19. Acceptance of Terms and Conditions and Electronic Signatures
Explicit Agreement: By accessing and using this site, whether by clicking on any link, button, or other interactive elements, or by engaging in any transactions including completing the registration or shopping process, you are explicitly acknowledging and agreeing to be bound by these Terms and Conditions. This explicit agreement acts as a legal binding contract between you and RevGenetics LLC.
Electronic Signature: Your actions, including but not limited to, accessing, clicking, or interacting with any part of this site, and/or providing any information during registration or shopping process, constitute your electronic signature. This electronic signature is equivalent to a written signature as provided under the U.S. ESIGN Act of 2000 and other applicable laws. By engaging in these actions, you affirmatively consent and agree to be bound by these Terms and Conditions.
Acknowledgment of Understanding: By using this site, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained herein. If you do not agree with these terms and conditions, you are advised not to use this site or avail any of its services.
Verification and Information Accuracy: You are required to provide true, current, and complete information when interacting with this site. If RevGenetics has reasonable grounds to suspect that the information you provided is not current, untrue, or inaccurate, or if there is evidence that these Terms and Conditions have not been complied with, RevGenetics reserves the right to suspend or terminate your access to the site and refuse any and all current or future use of the services (or any portion thereof) at its sole discretion.
Indisputable Acceptance: Your access and use of this site is recorded. By engaging with the site, you acknowledge that these records constitute indisputable evidence of your acceptance of these Terms and Conditions. You waive any right to dispute or contest the validity of your agreement to these Terms and Conditions based on your use of the site.
20. Contact Information
If you have any questions or concerns regarding these terms and conditions, please do not hesitate to reach out to us through this website or via postal mail at RevGenetics, 16782 SW 88th St #357, Miami, FL 33196, USA.
21. Amendment and Modification
RevGenetics reserves the right to amend or modify these Terms at any time and for any reason without prior notice. You are advised to review these Terms periodically for any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
22. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. 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 LLC16782 SW 88th St #357
Miami, FL 33196, USA