Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEB SITE AND SETTING UP AN ACCOUNT. These Terms of Use will govern your access and use of this Web Site.  This Web Site is operated by Metagenics Canada, Inc., dba Bariatric Advantage, (“Metagenics”).  These Terms of Use constitute a legal agreement between you (the individual using this Web Site) and Metagenics. By accessing and using this Web Site, you agree to be bound by these Terms of Use whether or not you have read them.   If you do not agree to these Terms of Use, you must not proceed to access or use this Web Site (including setting up an account). Please print a copy of these Terms of Use for your records.

Metagenics may modify these Terms of Use at any time.  Please read carefully the heading below regarding “Changes to These Terms of Use” [insert link to the specific heading]

Geographic Scope

This Web Site is intended for use by users in the United States of America, and products purchased on this Web Site will only be shipped to American addresses. You may not resell the products purchased on this Web Site.

Reliance on Information

This Web Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Metagenics' sole discretion.

Purchases on this Web Site

You have access to purchasing Metagenics products from your practitioner on this Web Site by using the practitioner code provided to you by your practitioner.  YOU ACKNOWLDGE AND AGREE THAT THE SELLER OF THE PRODUCTS IS YOUR PRACTITIONER, AND NOT METAGENICS. The purchase of products on this Web Site is subject to availability. 

METAGENICS AND ITS AFFILIATES SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU WHATSOEVER IN RESPECT OF SUCH PURCHASES WHICH YOU MAKE FROM YOUR PRACTITIONER.

Changes to this Web Site

Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trade-marks, functionalities, products and services and any other material displayed on, offered through or contained on this Site.

Age of Majority

You represent and warrant that you are of the age of majority in the jurisdiction in which you reside.

Accounts

When you are setting up your account, you must provide Metagenics accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account. If you become aware of unauthorized use of your account, you must notify Metagenics immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by Metagenics (or anyone else) due to the unauthorized use of your account.

Communication from Metagenics may occasionally end up in your spam or junk folder. To ensure you receive our communication, please add Metagenics to your address book or list of authorized senders and monitor your junk mail regularly.

Links

This Web Site may contain links or references to third party web sites.  These links are provided for your convenience only.  No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Web Site.  Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their web sites are solely those of such third parties and not of Metagenics or its affiliates.  Your use of such third party web sites is subject to the terms and conditions and the privacy policies of such web sites

Privacy

For information on how Metagenics collects, uses and protects the personal information you may provide on this Web Site, read the Privacy Policy available at [insert link – this is the Metagenics Privacy Policy]. Please print a copy for your records.

Intellectual Property

The materials displayed on or contained within this Web Site (the “Materials”) are the property of Metagenics and its licensors and are protected by copyright, trade-mark and other intellectual property laws.

Metagenics hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials.  You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third party website) or make any other use whatsoever without the express prior written consent of Metagenics.  Unless expressly permitted herein, any use of Materials is only permitted with the express written permission of Metagenics and/or its licensors. 

Disclaimer of Warranties

THE FOLLOWING DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IF YOU ARE A USER RESIDING IN A JURISDICTION THAT DOES NOT PERMIT SUCH DISCLAIMERS, INCLUDING QUEBEC, SUCH DISCLAIMERS SHALL NOT APPLY TO YOU.

METAGENICS AND ITS AFFILIATES HEREBY DISCLAIM ALL LEGAL, EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITIONS OF ANY KIND.

The information provided in this web site must not be construed as medical advice or used as a substitute for medical advice or for diagnosis or treatment. It is merely for educational purposes, and its completeness or accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have. You should not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on this website. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program.

Limitation of Liability

THE FOLLOWING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IF YOU ARE A USER RESIDING IN A JURISDICTION THAT DOES NOT PERMIT SUCH LIMITATION, SUCH LIMITATIONS SHALL NOT APPLY TO YOU.

IN NO EVENT SHALL METAGENICS AND ITS AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF METAGENICS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify and hold harmless Metagenics and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability, damages  and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of this Site; and (c) any claim or allegation that any content provided by you to Metagenics, including testimonials, infringe the intellectual property or other rights of any third party or applicable laws. 

Applicable Law & Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use will be governed by the laws of California, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. The parties irrevocably attorn to the jurisdictions of the courts of Orange County, California in respect of all disputes, proceedings or actions relating to these Terms of Use. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time.

Severability, Waiver and Assignment

If any provision of these Terms of Use are found to be illegal, invalid or unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the legality, validity and enforceability of any remaining provisions. No failure on the part of Metagenics to enforce any part of these Terms of Use shall constitute a waiver of any of Metagenics’ rights under these Terms of Use. All waivers by Metagenics must be in writing and signed. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder and thereunder, in whole or in part, without the prior written consent of Metagenics. Any such purported assignment or delegation by you without the prior written consent of Metagenics will be null and void and of no force and effect. Metagenics may assign these Terms of Use or any rights hereunder without your consent and without notice.

Changes to the Terms of Use

Metagenics may at any time modify these Terms of Use.

If you have an account on this Web Site, Metagenics will provide you notice of such modification via e-mail or mail to the e-mail address or the mailing address associated with your account. Your use of this Web Site following such notice shall be deemed to be acceptance of such modified Terms of Use.  If you do not agree to any such modifications, you must immediately contact Metagenics to cancel your account and cease using this Web Site.

For users of this Web Site that have not set up an account, Metagenics will make available the updated Terms of Use on this Web Site. Your access or use of this Web Site following such posting will be deemed to be acceptance of such modified Terms of Use.  If you do not agree to any such modifications, you must immediately cease accessing and using this Web Site. You acknowledge and agree that it is your responsibility to review the Terms of Use each time you access this Web Site.

Termination

Metagenics may at any time terminate your right to access this Web Site without notice to you.

Provisions of these Terms of Use relating to Geographic Scope; Reliance on Information; Purchases on this Website; Changes to this Web Site; Age of Majority; Accounts; Links; Testimonials; Intellectual Property (provided that your license will terminate upon termination); Disclaimers of Warranties; Limitation of Liability; Indemnity; Applicable Law and Jurisdiction; Severability, Waiver and Assignment; Termination; Language; and Entire Agreement will survive the termination of your right to use this Web Site.

Entire Agreement

These Terms of Use and the Testimonial Terms and Conditions constitute the entire agreement between you and Metagenics with respect to your use of this Web Site and will supersede all previous agreements, understandings and representations relating thereto.

How to Contact Bariatric Advantage

You may contact Bariatric Advantage at: (800) 898-6888