TERMS OF SERVICE
FORZAGEN – FORMULA TERMS OF USE
Nutrition Specialities LLC (“Forzagen”, “We” or “Us”) maintains this product site (the “Website”), for your personal entertainment, information, and education and to provide information and products for individuals looking for products and services distributed by Forzagen. This Website is provided to you (collectively, “you” or “your”) under these “Terms of Use and Conditions for Sale” and any amendments or supplements to them (collectively referred to as this “Agreement”) that may be posted by Forzagen from time to time.
Your use of this website shall be deemed to constitute your agreement to be bound by the terms and conditions set forth below and your agreement shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, we ask that you do not use the Website or order any items from it. Please read through these terms and conditions carefully before placing your order, and print a copy for future reference.
PRIVACY POLICY
Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference. The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Website or post or order any items from it.
HEALTH DISCLAIMER
The statements made on this website, as well as any materials or supplements distributed or sold on Forzagen.com have not been evaluated by the Food and Drug Administration. Forzagen products are not intended to diagnose, treat, cure, or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions, we suggest consulting with a healthcare professional before using any of our products. The results achieved with all products are not typical, and not everyone will experience these results
CONTENT DISCLAIMER
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
FORZAGEN AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE FORZAGEN STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, FORZAGEN CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
PURCHASING ITEMS ON OUR WEBSITE
Forzagen takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products please note that Forzagen does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Returns Policy, which is listed in the Website under Customer Service. All items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Order Acceptance and Shipment
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization and your form of payment are received, we will promptly locate the item(s) you have ordered to place them in line for shipment. The Website does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website.
WHOLESALE TERMS OF SERVICE
Purchase Agreement
We require a minimum purchase of $1,000.00 per calendar year. Wholesale accounts that do not achieve this minimum will be made inactive.
Eligibility
We reserve the right to approve and remove any wholesale account for any reason without advance notice.
Selling Online
Retailers are not allowed to sell Forzagen Premium Products on third party merchants such as Amazon, Ebay and Walmart. Wholesalers who do not comply with this agreement will have their account terminated. Third party accounts must be authorized by Forzagen.
Forzagen is focused on maintaining profitable margins for our Wholesalers. In recognition of the investment in time and resources required to provide the level of customer service and product knowledge expected from customers, Forzagen is committed to enforcing policies which allow our resellers to maintain reasonable and customary profit margins through the sale of our products. Forzagen has an established Minimum Advertised Price (MAP) Policy that all Authorized Resellers must follow for the advertising and marketing of Forzagen products. All Resellers agree to the terms and conditions of our MAP Policy.
Third Party Websites
Selling on third party websites (Amazon.com, eBay.com, etc.) is prohibited.
Images:
Any images of Forzagen or forzagen.com must be approved by the Wholesale Department prior to use. If a wholesaler is using an unauthorized image or using forzagen’s images without permission, the wholesale account will be made inactive.
Payment
We accept MasterCard, Visa, American Express, Discover, Paypal, and money orders. If ordering with a credit card, wholesalers will be required to supply the 3-digit security code on the back of their credit card or 4-digit security codes on the front of the card.
If approved for terms, you will be given a credit limit which cannot be exceeded. Payment is expected within the approved time frame.
Payment information:
Checks or Money Orders should be made out to Nutrition Specialities LLC.
Please send payments to the following address:
Checks may require up to 14 days for the check to clear. Once the check has cleared, products will be shipped.
Returns and Refunds:
In most cases, wholesale items are not refundable except for manufacturer’s defect. Wholesalers should have their own return policy as Forzagen is not responsible for the wholesale customer’s returns for any reason other than manufacturer’s defect. Do not have customers contact Forzagen directly.
Contact us for all wholesale return inquiries.
Order Cancellation:
Once an order is placed, additional products cannot be added to the order. Once it is processed, an order cannot be cancelled. If an order is cancelled after the items have been shipped out, the wholesaler will be responsible for shipping the products to Forzagen.com for a refund.
Shipping:
All United States orders are shipped USPS unless faster shipping is requested. Any orders returned to Forzagen will be refunded minus the shipping and handling fees as well as any other fees associated with the return. Wholesale orders are subject to the same shipping policies as other orders.
ORDER AND PAYMENT INFORMATION
If you use the Website or other means to purchase a product, payment must be received by Forzagen prior to Forzagen’s acceptance of an order, unless otherwise agreed by Forzagen. All Forzagen products are subject to sales tax which will be applied to your order total. In the United States, Forzagen is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Forzagen is required to follow the rules of each state. Your final order will include the appropriate state and local taxes. Qualifying States include CA, CO, IA, LA, NC, OH and PA. Forzagen may need to verify information you provide before Forzagen accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Forzagen will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Forzagen expressly conditions its acceptance of your order on your agreement to this Agreement.
In ordering products through the Website or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Forzagen is registered to you. Forzagen shall have the right to bar your access to and use of the Website or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Forzagen, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to this Agreement. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Forzagen may reject orders where the stated delivery address is outside the United States. Forzagen will add applicable shipping and handling fees.
Forzagen reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Website without incurring any obligation to you.
Forzagen’ descriptions of, or references to, products not owned by Forzagen on and outside of the Website do not imply endorsement of that product, or constitute a warranty, by Forzagen.
REFUND POLICY
With Forzagen, you enjoy a satisfaction guarantee. If you are not absolutely delighted with your results or the product, you are welcome to return the containers– even if empty–within 30 days of receipt for a complete store credit of your purchase price (less S&H), upon review and approval of management.
Customers are restricted to receiving a single store credit per product ordered. Repetitive store credits are not permitted unless the product, as delivered to you, is defective. We reserve the right to refuse a store credit to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
In order to process your store credit, you must supply us with your name and delivery address. If you provide us with insufficient or incorrect information your store credit will be delayed.
Once a refund has been approved please allow up to 30 days for the refund to be applied.
Your store credit can take up to 60 days upon approval of management to appear on your store account. If you have any questions about whether a store credit has been issued by us, please contact us.
Shipping and handling costs are not refundable.
SHIPPING TERMS
Orders are generally shipped within 1-2 business days (Monday through Friday) using USPS shipping. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. Forzagen does not guarantee specific arrival dates or times. Forzagen does not refund or credit delivery or processing charges for any shipments.
Contacting Customer Care / Billing: You may contact our customer care department by using the contact form on our website.
Once a store credit has been approved by Forzagen, to return your products, place the merchandise in a box with your original invoice and send it to us. If you don’t have your original invoice, please make sure to include your name and shipping address, as you believe it appeared on the invoice.
TERMS OF SERVICE
By using the Website, you agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Forzagen makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You agree to comply with all applicable local laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
PRICING ERRORS AND OMISSIONS
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that Forzagen reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
ELECTRONIC SIGNATURES AND AGREEMENTS
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Forzagen to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Terms of Use and Conditions of Sale. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THE COMPANY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by other than electronic means.
RISK OF LOSS
All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURN POLICY
Returns are at the sole discretion of management approval.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Forzagen, ITS SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITE.
Forzagen HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOUR REPRESENTATIONS
You hereby represent and warrant that you are age eighteen (18) or older, that you have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products you purchase from the Website will be used for Your personal, non-commercial use, and that you will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Forzagen has the right to rely upon all information provided to Forzagen by you, and Forzagen may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.
INTELLECTUAL PROPERTY
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Forzagen or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to you by virtue of this Agreement or by your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by you without Forzagen’s prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with your use of the Website and the content you will not:
Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
Use the Website for any unlawful purpose;
Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
Intentionally or unintentionally violate any applicable local, state, national, or international law.
WITHOUT THE EXPRESS PRIOR WRITTEN AUTHORIZATION OF FORZAGEN, YOU MAY NOT:
Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
Create derivative works based on the Website or any of the Intellectual Property;
Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
Use any meta-tags or any other “hidden text” using the Website’s name or marks;
“Deep-link” to any page of the Website;
Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
Use any data mining, bots, or similar data gathering and extraction tools on the Website;
Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION OF AGREEMENT
This Agreement shall remain in force as long as you access the Website, use any functions or features of the Website, or order anything from the Website. Forzagen reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Forzagen believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Forzagen provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
LINKS
The Website may provide links to other World Wide Web sites or resources. Forzagen has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Forzagen Website. Forzagen cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Forzagen Website or third-party content on our sites. Forzagen does not endorse any of the merchandise, nor has Forzagen taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Forzagen does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Forzagen with respect to such sites and third-party content. Forzagen strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Forzagen nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to https://forzagen.com. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Forzagen.
FORCE MAJEURE
Forzagen shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Forzagen’s performance.
INDEMNITY
You agree to defend, indemnify, and hold harmless Forzagen, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to California’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Forzagen shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If Forzagen does not hear from you promptly, Forzagen reserves the right to defend such claim or suit and seek full recompense from you.
DISPUTE RESOLUTION BY BINDING ARBITRATION
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by writing to us at info@forzagen.com
INSTEAD OF SUING IN COURT, WE EACH AGREE TO ARBITRATE DISPUTES
We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use and Conditions of Sale, and the Privacy Statement.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We also each agree as follows:
“Disputes” are any claims (including the definition of “claims” contained in the section Limitation of Liability and Disclaimer of Warranty above) or controversies against each other related in any way to this Agreement, the Terms of Use, the Privacy Statement, or your purchase and use of the Product. This includes claims you bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that Forzagen brings against you.
If either Forzagen or you want to arbitrate a dispute, we each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to your billing address that you provided us and notice to us will be sent electronically to: info@theformulaiq.com.
We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, and then we may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or class wide basis. We each agree that any arbitration will be solely between you and Forzagen (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this Agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED
GOVERNING LAW
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning Forzagen shall be governed exclusively by the laws of the State of Georgia, excluding its conflict of law provisions.
ELECTRONIC COMMUNICATIONS
The information communicated on the Website constitutes an electronic communication. When you communicate with Forzagen through the Website or via other forms of electronic media, such as e-mail, you are communicating with Forzagen electronically. You agree that Forzagen may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Forzagen provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.
NO WAIVER
No waiver of or by Forzagen shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
HEADINGS
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
Forzagen reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Forzagen does not and will not assume any obligation to provide you with notice of any change to this document. Unless accepted by Forzagen in writing, these terms and conditions may not be amended by you.
Nutrition Specialities LLC (“Forzagen”, “We” or “Us”) maintains this product site (the “Website”), for your personal entertainment, information, and education and to provide information and products for individuals looking for products and services distributed by Forzagen. This Website is provided to you (collectively, “you” or “your”) under these “Terms of Use and Conditions for Sale” and any amendments or supplements to them (collectively referred to as this “Agreement”) that may be posted by Forzagen from time to time.
Your use of this website shall be deemed to constitute your agreement to be bound by the terms and conditions set forth below and your agreement shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, we ask that you do not use the Website or order any items from it. Please read through these terms and conditions carefully before placing your order, and print a copy for future reference.
PRIVACY POLICY
Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference. The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Website or post or order any items from it.
HEALTH DISCLAIMER
The statements made on this website, as well as any materials or supplements distributed or sold on Forzagen.com have not been evaluated by the Food and Drug Administration. Forzagen products are not intended to diagnose, treat, cure, or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions, we suggest consulting with a healthcare professional before using any of our products. The results achieved with all products are not typical, and not everyone will experience these results
CONTENT DISCLAIMER
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
FORZAGEN AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE FORZAGEN STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, FORZAGEN CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
PURCHASING ITEMS ON OUR WEBSITE
Forzagen takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products please note that Forzagen does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Returns Policy, which is listed in the Website under Customer Service. All items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Order Acceptance and Shipment
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization and your form of payment are received, we will promptly locate the item(s) you have ordered to place them in line for shipment. The Website does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website.
WHOLESALE TERMS OF SERVICE
Purchase Agreement
We require a minimum purchase of $1,000.00 per calendar year. Wholesale accounts that do not achieve this minimum will be made inactive.
Eligibility
We reserve the right to approve and remove any wholesale account for any reason without advance notice.
Selling Online
Retailers are not allowed to sell Forzagen Premium Products on third party merchants such as Amazon, Ebay and Walmart. Wholesalers who do not comply with this agreement will have their account terminated. Third party accounts must be authorized by Forzagen.
Forzagen is focused on maintaining profitable margins for our Wholesalers. In recognition of the investment in time and resources required to provide the level of customer service and product knowledge expected from customers, Forzagen is committed to enforcing policies which allow our resellers to maintain reasonable and customary profit margins through the sale of our products. Forzagen has an established Minimum Advertised Price (MAP) Policy that all Authorized Resellers must follow for the advertising and marketing of Forzagen products. All Resellers agree to the terms and conditions of our MAP Policy.
Third Party Websites
Selling on third party websites (Amazon.com, eBay.com, etc.) is prohibited.
Images:
Any images of Forzagen or forzagen.com must be approved by the Wholesale Department prior to use. If a wholesaler is using an unauthorized image or using forzagen’s images without permission, the wholesale account will be made inactive.
Payment
We accept MasterCard, Visa, American Express, Discover, Paypal, and money orders. If ordering with a credit card, wholesalers will be required to supply the 3-digit security code on the back of their credit card or 4-digit security codes on the front of the card.
If approved for terms, you will be given a credit limit which cannot be exceeded. Payment is expected within the approved time frame.
Payment information:
Checks or Money Orders should be made out to Nutrition Specialities LLC.
Please send payments to the following address:
Checks may require up to 14 days for the check to clear. Once the check has cleared, products will be shipped.
Returns and Refunds:
In most cases, wholesale items are not refundable except for manufacturer’s defect. Wholesalers should have their own return policy as Forzagen is not responsible for the wholesale customer’s returns for any reason other than manufacturer’s defect. Do not have customers contact Forzagen directly.
Contact us for all wholesale return inquiries.
Order Cancellation:
Once an order is placed, additional products cannot be added to the order. Once it is processed, an order cannot be cancelled. If an order is cancelled after the items have been shipped out, the wholesaler will be responsible for shipping the products to Forzagen.com for a refund.
Shipping:
All United States orders are shipped USPS unless faster shipping is requested. Any orders returned to Forzagen will be refunded minus the shipping and handling fees as well as any other fees associated with the return. Wholesale orders are subject to the same shipping policies as other orders.
ORDER AND PAYMENT INFORMATION
If you use the Website or other means to purchase a product, payment must be received by Forzagen prior to Forzagen’s acceptance of an order, unless otherwise agreed by Forzagen. All Forzagen products are subject to sales tax which will be applied to your order total. In the United States, Forzagen is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Forzagen is required to follow the rules of each state. Your final order will include the appropriate state and local taxes. Qualifying States include CA, CO, IA, LA, NC, OH and PA. Forzagen may need to verify information you provide before Forzagen accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Forzagen will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Forzagen expressly conditions its acceptance of your order on your agreement to this Agreement.
In ordering products through the Website or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Forzagen is registered to you. Forzagen shall have the right to bar your access to and use of the Website or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Forzagen, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to this Agreement. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Forzagen may reject orders where the stated delivery address is outside the United States. Forzagen will add applicable shipping and handling fees.
Forzagen reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Website without incurring any obligation to you.
Forzagen’ descriptions of, or references to, products not owned by Forzagen on and outside of the Website do not imply endorsement of that product, or constitute a warranty, by Forzagen.
REFUND POLICY
With Forzagen, you enjoy a satisfaction guarantee. If you are not absolutely delighted with your results or the product, you are welcome to return the containers– even if empty–within 30 days of receipt for a complete store credit of your purchase price (less S&H), upon review and approval of management.
Customers are restricted to receiving a single store credit per product ordered. Repetitive store credits are not permitted unless the product, as delivered to you, is defective. We reserve the right to refuse a store credit to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
In order to process your store credit, you must supply us with your name and delivery address. If you provide us with insufficient or incorrect information your store credit will be delayed.
Once a refund has been approved please allow up to 30 days for the refund to be applied.
Your store credit can take up to 60 days upon approval of management to appear on your store account. If you have any questions about whether a store credit has been issued by us, please contact us.
Shipping and handling costs are not refundable.
SHIPPING TERMS
Orders are generally shipped within 1-2 business days (Monday through Friday) using USPS shipping. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. Forzagen does not guarantee specific arrival dates or times. Forzagen does not refund or credit delivery or processing charges for any shipments.
Contacting Customer Care / Billing: You may contact our customer care department by using the contact form on our website.
Once a store credit has been approved by Forzagen, to return your products, place the merchandise in a box with your original invoice and send it to us. If you don’t have your original invoice, please make sure to include your name and shipping address, as you believe it appeared on the invoice.
TERMS OF SERVICE
By using the Website, you agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Forzagen makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You agree to comply with all applicable local laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
PRICING ERRORS AND OMISSIONS
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that Forzagen reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
ELECTRONIC SIGNATURES AND AGREEMENTS
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Forzagen to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Terms of Use and Conditions of Sale. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THE COMPANY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by other than electronic means.
RISK OF LOSS
All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURN POLICY
Returns are at the sole discretion of management approval.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Forzagen, ITS SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITE.
Forzagen HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOUR REPRESENTATIONS
You hereby represent and warrant that you are age eighteen (18) or older, that you have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products you purchase from the Website will be used for Your personal, non-commercial use, and that you will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Forzagen has the right to rely upon all information provided to Forzagen by you, and Forzagen may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.
INTELLECTUAL PROPERTY
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Forzagen or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to you by virtue of this Agreement or by your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by you without Forzagen’s prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with your use of the Website and the content you will not:
Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
Use the Website for any unlawful purpose;
Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
Intentionally or unintentionally violate any applicable local, state, national, or international law.
WITHOUT THE EXPRESS PRIOR WRITTEN AUTHORIZATION OF FORZAGEN, YOU MAY NOT:
Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
Create derivative works based on the Website or any of the Intellectual Property;
Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
Use any meta-tags or any other “hidden text” using the Website’s name or marks;
“Deep-link” to any page of the Website;
Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
Use any data mining, bots, or similar data gathering and extraction tools on the Website;
Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION OF AGREEMENT
This Agreement shall remain in force as long as you access the Website, use any functions or features of the Website, or order anything from the Website. Forzagen reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Forzagen believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Forzagen provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
LINKS
The Website may provide links to other World Wide Web sites or resources. Forzagen has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Forzagen Website. Forzagen cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Forzagen Website or third-party content on our sites. Forzagen does not endorse any of the merchandise, nor has Forzagen taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Forzagen does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Forzagen with respect to such sites and third-party content. Forzagen strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Forzagen nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to https://forzagen.com. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Forzagen.
FORCE MAJEURE
Forzagen shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Forzagen’s performance.
INDEMNITY
You agree to defend, indemnify, and hold harmless Forzagen, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to California’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Forzagen shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If Forzagen does not hear from you promptly, Forzagen reserves the right to defend such claim or suit and seek full recompense from you.
DISPUTE RESOLUTION BY BINDING ARBITRATION
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by writing to us at info@forzagen.com
INSTEAD OF SUING IN COURT, WE EACH AGREE TO ARBITRATE DISPUTES
We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use and Conditions of Sale, and the Privacy Statement.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We also each agree as follows:
“Disputes” are any claims (including the definition of “claims” contained in the section Limitation of Liability and Disclaimer of Warranty above) or controversies against each other related in any way to this Agreement, the Terms of Use, the Privacy Statement, or your purchase and use of the Product. This includes claims you bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that Forzagen brings against you.
If either Forzagen or you want to arbitrate a dispute, we each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to your billing address that you provided us and notice to us will be sent electronically to: info@theformulaiq.com.
We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, and then we may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or class wide basis. We each agree that any arbitration will be solely between you and Forzagen (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this Agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED
GOVERNING LAW
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning Forzagen shall be governed exclusively by the laws of the State of Georgia, excluding its conflict of law provisions.
ELECTRONIC COMMUNICATIONS
The information communicated on the Website constitutes an electronic communication. When you communicate with Forzagen through the Website or via other forms of electronic media, such as e-mail, you are communicating with Forzagen electronically. You agree that Forzagen may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Forzagen provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.
NO WAIVER
No waiver of or by Forzagen shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
HEADINGS
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
Forzagen reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Forzagen does not and will not assume any obligation to provide you with notice of any change to this document. Unless accepted by Forzagen in writing, these terms and conditions may not be amended by you.