The following Terms and Conditions (“Agreement”) govern the use of this website NovexBiotech.com (“Site”)
DISPUTES: BINDING ARBITRATION AND WAIVER OF RIGHT TO BRING CLAIMS IN COURT
You expressly waive your right to pursue any claim in a court of law. Any dispute or claim relating in any way to any products or services sold or distributed by or through Novex Biotech will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the Site’s legal counsel: Price, Parkinson, and Kerr, PLLC, 5742 W. Harold Gatty Drive Suite 101, Salt Lake City, UT 84116. The arbitration will be conducted in Salt Lake City, Utah, by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of arbitration costs including filing fees, administration costs, and arbitrator fees (but not including attorneys’ fees) will be paid by the Site. Attorneys’ fees and costs in arbitration will not be recoverable by either party unless the arbitrator determines the claims are frivolous. This limitation on recovering attorneys’ fees is not applicable to New Jersey consumers or where otherwise prohibited by law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
CLASS ACTION WAIVER
You expressly agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The parties expressly waive any ability to maintain any class action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims. If for any reason a claim proceeds in court rather than in arbitration, any right to a jury trial is hereby waived. Notwithstanding the foregoing, disputes to enjoin infringement or other misuse of intellectual property rights may be brought in a court of competent jurisdiction.
By choosing to purchase any products or services from the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern this agreement and any dispute of any sort that might arise between you and the Site.
The Site reserves the right to change this agreement that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the amended terms and conditions. The Site may change, move, or delete portions of its terms, or may add terms and conditions to the Site from time to time. The Site may make these changes without your consent, without notice, and at its sole discretion, which may be exercised unreasonably.
CONTENTS OF THE WEBSITE
Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, data (including member data), text, and other materials that are part of this Site (collectively, the “Contents”) are owned, controlled, or licensed to or by the Site. This Site as a whole and portions thereof are protected by copyrights, trademarks, patents, and other intellectual property. The Site grants you a limited license to access and make personal use of this Site. You may not download (other than page caching) or modify any portion of our site, except with express written consent of the Site. You may not use any part of this site for commercial or resale use; this includes, but is not limited to, logos, images, text, and data. You may not use data mining, robots, or similar data gathering and extraction tools. The contents of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of without express written consent. You may not use any meta tags or any other “hidden text” utilizing Novex Biotech’s name or trademarks without the express written consent of the Site. Any unauthorized use terminates the permission or license granted by the Site. Please note that the permission granted herein terminates automatically if you breach any of these this agreement Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of the Site, is strictly prohibited.
NO MEDICAL ADVICE GIVEN
No medical advice is given on this Site. If you are seeking medical advice, please consult a medical professional. If you suffer from medical conditions, including but not limited to, diabetes, high blood pressure, pregnancy, eating disorders, or heart disorders, you must obtain your physician’s approval prior to using this Site. The Site recommends that women who are either pregnant or nursing do not use the Site. Therefore, the Site does not offer diet and/or exercise plans for women who are either pregnant or nursing.
By submitting, posting, disclosing, or offering any recipe, review, photograph, image, video, workout plan, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to the Site, you hereby grant to an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party.
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark, or other intellectual property right of any third party. You will take, at Novex Biotech‘s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Novex Biotech to effect, perfect, and confirm the license granted to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Novex Biotech and Novex Biotech is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used, and/or posted on the Site or otherwise used by the Site, the Site may include your name, likeness, photo, or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant the right to use your name in connection with the publication, use, or posting of your Submitted Item.
The Site does not actively review Submitted Items for accuracy or safety, including but not limited to recipes, workout plans, photographs, suggestions, ideas, notes, comments, and feedback. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Contents, including Submitted Items from you and other users. We do not endorse or warrant, and we are not responsible for, the accuracy, timeliness, completeness, or reliability of any Submitted Item. In the event Novex Biotech becomes aware of inaccuracies or safety concerns of Submitted Items, or items violate this agreement, Novex Biotech, at Novex Biotech’s sole discretion, reserves the right to remove the Submitted Items pursuant to the terms of this Agreement.
The Site may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums, and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute, or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters, or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement, or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
CONTENT POSTED BY YOU AND TERMINATION OF PRIVILEGES
The Site reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. The Site reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users, and the Site is not responsible for any such materials posted by users. However, the Site reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in the Site’s sole discretion are objectionable or in violation of this Agreement, the Site’s policies, or applicable law. The Site may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if the Site believes you are in breach of the guidelines set forth in this paragraph, this agreementor applicable law, or for any other reason without notice or liability.
(1) to conform to legal requirements or to respond to a subpoena, search warrant, or other legal process received by the Site, whether or not a response is required by applicable law;
(2) to enforce this agreement or to protect the Site’s rights; or
(3) to protect the safety of members of the public and users of the service. The Site reserves the right to transfer personal information to a successor-in-interest that acquires rights to that information as a result of the sale of the Site or substantially all of its assets to that successor-in-interest.
DISCLAIMER OF WARRANTY
THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES, OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, NOVEX BIOTECH DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability are subject to change without notice.
SUBSCRIPTION PORTAL PURCHASES/MODIFICATIONS SUBJECT TO SAME TERMSIf you sign up for a product subscription and thereafter have access to the Customer Subscription Management Portal, you may be able to make additional product purchases through the portal or to modify your subscription. Any purchases, modifications, and/or upgrades made within the Customer Subscription Management Portal will be subject to these same Terms & Conditions that you agreed to during your initial purchase.
Purchases made on novexbiotech.com are intended for end user customers only. Products sold through novexbiotech.com are not authorized for export or resale on any other website, including but not limited to amazon.com or ebay.com. Your submission of your order shall constitute your full acceptance of these restrictions on resale. We reserve the right to refuse or cancel any order or take any other appropriate action, including the possibility of bringing legal action against you, if we suspect you are purchasing products for resale.
The Site has no intention of collecting personal information from individuals under the age of 18. If you are a child under the age of 18, please do not submit personal information without the consent of your parent or guardian.
This Agreement is effective unless and until terminated by the Site. The Site may terminate this Agreement at any time without notice to you, and accordingly deny you access to the Site in our sole discretion if you fail to comply with the Agreement. The Site may terminate all or part of its terms at any time without notice to you.
You agree that in the event any portion of this agreement is found to be unenforceable, the remainder of this agreement shall remain in full force and effect.