Terms of Use Agreement - Last Updated on July 15, 2020
1. Statement of Natural ReGenesis Terms of Use Agreement
Welcome to the Natural ReGenesis (“NR”) family which includes our website (“Site”). This NR Terms of Use Agreement ("Agreement") sets forth the agreement between an Ohio limited liability company at P.O. Box 509 in Mason, Ohio 45040. Throughout the agreement, NR, shall be referred as “we”, or “us,”, and each user and/or customer as "you.” This Agreement governs your use of the Site and product sales.
You are required to read, fully and in detail, this Agreement before using the Site and before providing any personal information to us, whether confidential or not.
By using the Site or disclosing to us any personal information you agree that you have read and understood the terms of this Agreement, that you accept and agree to be bound by the terms of this Agreement, and that you accept and agree to abide by all applicable state and federal laws and regulations applicable to the subject matter of this Agreement.
Failure to agree to the terms of this agreement shall potentially result in you not being allowed to access the Site, not purchase products, and/or not being able to do business in any way, shape or form with NR. If you do not agree, you shall not provide any personal information to us.
This Agreement’s terms and/or conditions may change periodically and may be revised at any time at our sole discretion. The Site shall be updated within twenty-four (24) hours a change. You shall be responsible for a change only after the Site has been update. You shall visit this page as needed to review the then current terms of use and you shall be responsible for staying current with all terms. We recommend you check the terms at minimum before each purchase.
Your use of the Site means that you accept any changes or modifications to this Agreement. Non-use of the Site shall not waive your acceptance of any changes or modifications. Unacceptable changes, whether minor or major modifications, to you shall not be waived or amended by us unless we give our express written consent detailing the changes, if any.
2. NR does not provide medical or health care advice under any circumstance
The products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not approved or intended to diagnose, treat, cure or prevent disease. The products and claims made about specific products, orally or in writing, by our employees, agents or representatives have not been evaluated by the United States Food and Drug Administration and are not approved or intended to diagnose, treat, cure or prevent disease.
NR and is Site, employees, agents, or representatives do not ever provide diagnosis, treatment, or medical advice. Products, services, information, and other content provided on the Site, are for informational purposes only. This includes information that may be provided on the Site directly or by third-party websites. Always make sure that you consult with a physician, hospital, or other qualified healthcare professional regarding any medical or health related diagnosis or treatment options you are seeking.
You shall always be safe and prudent in providing information about yourself to our site. You shall not interpret or construe any information on the Site or given by our employees, agents or representatives, including any product label or packaging as a substitute for advice from a physician or any other healthcare professional.
NR never recommends self-management of health issues. Diseases, ailments, physical conditions, or their treatment are not covered on the Site or by diseases, ailments, physical conditions, or their treatment. Contact your healthcare professional promptly should you have any health-related questions. NR and the Site are never substitutions for medical advice. Any information provided by NR, the Site or NR employees, agents or representatives is not meant to replace or supplement medical advice. You shall seek out a physician, hospital, and/or any other appropriate health care professional for any emergency.
You shall not use the information or services on the Site or from NR employees, agents, or representatives to diagnose or treat any health issues, any prescriptions of any medication or any other procedures or treatments. You shall always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. You shall have a qualified health care professional review your entire medical history and the interactive effects of any product you elect to use, whether from NR or any other source.
You shall be responsible for thoroughly reviewing the product packaging and labels for any mistakes, errors, damage or other issues. We recommend you sanitize all shipments upon arrival before opening, especially during the Covid-19 pandemic. We cannot make you do this, but you should. Because products travel by USPS, Fedex, UPS, and others, product packaging likely comes into contact with multiple people along its route and will likely be shipped with other packages travelling around the United States which have also likely been handled by multiple people.
All packages we use are sanitized before the products are packed. However, once the products leave our possession with the carriers, we have no longer have control of the packages and their contacts and interactions.
3. Sanitization Recommendation for your Safety
You shall be responsible for thoroughly reviewing the product packaging and labels for any mistakes, errors, damage, or other issues. We recommend you sanitize all shipments upon arrival before opening, especially during Covid-19. Because products travel by USPS, Fedex, UPS, and others carriers, product packaging likely comes into contact with multiple people along its route and will likely be shipped with other packages travelling around the United States and internationally, which have also likely been handled by multiple people.
All packages we use are sanitized before the products are packed. However, once the products leave our possession with the carriers, we have no longer have control of the packages and their contacts and interactions.
4. Minimum Advertised Price (“MAP”) Policy
a. Application: MAP policy applies to all customers including those that own, operate, or manage websites, clinics, pharmacies or any other type of business. The MAP policy applies to all printed and electronic advertisements of all NR’s products including but not limited to catalogs, brochures, websites, email solicitations, special offers, newsletters, and electronic coupons, and coupon codes.
b. Advertising: Customers shall not advertise for sale any NR product for less than list prices without our express written consent. This policy prohibits the advertising of any volume discount or other promotion that would cause the per unit sales price to be advertised for less than the product list prices. NR’s MAP policy does not in any way limit the ability of purchasers to advertise that “they have the lowest prices” or “they will meet or beat any competitor’s price;” that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than the MAP.
5. Usage & Termination
You represent and agree that you are at least eighteen (18) years of age or older and are fully able and competent to agree to the terms in this Agreement or any Program terms and conditions if you use our site. You shall use the Site for lawful purposes only. You shall be responsible for your use of the Site and any communications through the Site.
You shall not use our Site in any other way including promoting or advertising on your behalf or the behalf of any other persons or companies. Any linking to our site by you requires our express written consent. This Agreement is based on the laws of the United States of America and the State of Ohio. If you reside outside of either or both areas, this Agreement may or may not comply with national, state or local laws, regulations or ordinances. You shall be responsible for complying with your jurisdictions.
We may terminate this Agreement at any time. We may terminate the Agreement for any reason we deem appropriate, with or without notice. Sections of the Agreement that survive Termination are Privacy, Liability, Disclaimers. Severability, Interpretation Applicable Law, Jurisdiction, Individual Arbitration, Waiver of Jury Trial, Class Waiver and Miscellaneous.
6. Privacy
By agreeing and adhering to the terms of this Agreement, you also confirm that You understand NR’s Privacy Policy. To learn more about what we do with your information please review the NR Privacy Policy on the Site.
7. Consent to Communications
You consent to receive communications (including text messages) from us, our employees, agents, representatives, affiliates or anyone sending messages on our behalf to the specific address, number(s) or email you have provided to us with information or questions about your account and/or orders and/or marketing offers. You certify, warrant and represent your information is yours not someone else’s. You may opt out of any or all types of communication, whether the Agreement is terminated or not. If you opt out of all communications, we may still contact you for outstanding payments or other emergencies. Normal standard message and data rates may apply.
8. Liability Disclaimer
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, THE PROGRAMS AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
NR AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, "NR") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NR EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION, NOT FOLLOWING PRINTED DIRECTIONS AND FAILING TO SANITIZE AS RECOMMENDED IN SECTION 2, PARAGRAPH 6.
NR IS NOT RESPONSIBLE IN ANY WAY, SHAPE OR FORM FOR ANY DELAYS, DAMAGE OR LOST ITEMS RESULTING FROM ANY COUNTRY’S CUSTOMS OR EQUIVALENT AGENCY, INCLUDING THE U.S. CUSTOMS.
NR MAKES NO WARRANTY THAT THE SITE OR ANY PROGRAM WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE SITE OR FROM ANY PROGRAM WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR VIA ANY PROGRAM IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM NR, THROUGH THE SITE OR THROUGH A PROGRAM SHALL CREATE ANY WARRANTY RELATING TO THE SITE OR SUCH PROGRAM NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, ANY TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN NR AND YOU. THE PRODUCTS, INFORMATION, PROGRAMS AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IF YOU ARE A CUSTOMER, THE MAXIMUM LIABILITY OF NR SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM NR ON THE SITE;
BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR PARTICIPATION IN ANY PROGRAM OR WITH ANY OF THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR PARTICIPATING IN THE APPLICABLE PROGRAM.
WE MAKE NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
9. Indemnification
You agree to indemnify, defend and hold harmless NR from and against all losses, expenses, costs and damages including attorney's fees resulting from your use or inability to use the Site, products or services purchased or obtained by You in connection with the Site, any Site postings or activity related to your account made by You or another person, Your violation of any terms of this Agreement, Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you pursuant to his section, in which event you will still be required to indemnify us for the attorneys’ fees and expenses in addition to any losses, claims, damages and liabilities incurred by us as a result of this claim. You shall not in any event settle any matter without prior written consent of NR.
10. Refund Policy
You agree to NR’s refund policy. You consent to and agree to give NR ninety (90) days to review all valid refund requests of any type. You consent and agree to not take any type of action, legal or otherwise, against NR until NR completes the review of the refund request and issues a decision or the ninety (90) period is completed, whichever is first.
You acknowledge, consent and agree that all Novel Health Solutions (“NHS”) products shall never be refunded. All sales of refrigerated products or NHS products are final and never eligible for any partial or full refund. There shall be no exceptions.
11. Overdue Invoice
You agree to NR’s invoice or payment policy. You consent to and agree to give NR of interest rate of 5% for all invoices 30 days or more overdue.
13. Copyright, Trademarks, and other Intellectual Property
You acknowledge that this Site and all materials on the Site, including without limitation the Site’s or Programs design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof, (collectively, "Materials"), are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. All page headers, custom graphics and custom icons are Marks of NR. NR may grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks, but only in the manner permitted by NR and only if we agree expressly in writing for your use only (you as the the “License”). You agree not to copy, modify, use, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site, Materials or Marks other than as expressly authorized by NR in writing. This License remains in effect until this Agreement is terminated by either you or us in accordance with this Agreement. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License and/or the Agreement. All rights not expressly granted herein are reserved by NR. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks or other intellectual property do not constitute or imply affiliation with, endorsement, or recommendation of NR by the respective trademark owners, or by NR of the respective trademark owners.
14. Merger Clause
This Agreement supersedes all prior agreements and understandings between the parties and may not be changed or terminated orally, and no attempted change, termination or waiver of any of the provisions hereof shall binding unless in writing and signed by the parties hereto.
15. Severability; Interpretation
Any part, provision, representation, or warranty of this Agreement, which is prohibited, or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
16. Applicable Law; Jurisdiction; Individual Arbitration; Waiver of Jury Trial; and Class Waiver:
Choice of Law Provision. This Agreement shall be governed by the laws of the State of Ohio, without regard to principles of conflicts of law, except to the extent superseded by the laws of the United States of America. The parties agree and acknowledge that the laws of the State of Ohio bear a substantial relationship to the parties. In addition, all legal actions or proceedings relating to this Agreement shall be brought in state or federal courts located in Hamilton County, Ohio, and the parties executing this Agreement hereby consent to the personal jurisdiction of such courts.
Arbitration Clause. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be one (1). The place of arbitration shall be Cincinnati, Ohio. Ohio law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Waiver of Jury Trial. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
Class Action Waiver. You agree that any claim you may have against NR, including NR past or present employees or agents, shall be brought individually and you shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against NR.
17. Miscellaneous:
Under no circumstance may you assign this Agreement without our express written consent, by operation of law or otherwise. Despite that restriction, this Agreement shall be binding and enforceable against the parties and their respective successors and assigns. The failure of NR to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The "Liability Disclaimer" provisions of this Agreement are for the benefit of NR as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.
18. Contact Us:
If you have any questions about this Agreement, please contact us at:
naturalregensis@protonmail.com
19. Acknowledgement of Contract Terms.
Anyone who purchases products from this site thereby accepts and consents to the above terms and conditions