(as of February 17, 2011)
The use of this Website and the products and services offered on this Website are governed by these Terms. Your use of this Website in any manner including, but not limited to, browsing, purchasing product, or other activity conducted through the Website constitutes your acknowledgement that you have read these Terms and that you agree to follow and be bound by them. If you do not agree to be bound by the Terms, do not access the Website. Microceutical Scientific LLC and its licensors (collectively “Microceutical”, “we”, “us” and “our”) reserve the right to modify or otherwise change these Terms at any time without notice to you. Therefore, we recommend that you carefully review these Terms each time you access or use this Website. By accessing or using the Website, you agree to be legally bound by these Terms just as if you had signed these Terms. These Terms may change from time to time as set forth in section title “Amendments and Additional Terms.” If you do not intend to accept the change, terminate access to or use of the Website. This Website is available only for your own personal use and may not be used by you for your own commercial purposes without the express written consent of Microceutical Scientific LLC. You agree and continue to agree to use this Website in a manner consistent with the applicable laws and regulations and in accordance with these Terms.
In addition, when using the Website, you shall be subject to any posted guidelines or rules, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
SYNERGENICS, BRAIN TRIGGER, NATURAL BRAIN TRIGGER, WORKOUT MODE, DIGEST MODE, SLEEP MODE, GET IN THE MODE, INSTRUCT YOUR BODY, INSTRUCT YOUR BRAIN and other brand names, designs, logos, are trademarks and/or service marks of Microceutical Scientific LLC, Inc. or its licensors in the U.S. and/or other countries (collectively “Marks”). Marks may not be used in connection with any product or service in any manner that is likely to cause confusion among customers nor may you use any name or mark that is confusingly similar to the Marks. You may not use the Marks in any manner that disparage or discredit Microceutical Scientific LLC or its licensors. All other trademarks not owned by Microceutical Scientific LLC or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Microceutical Scientific LLC or its licensors.
Access and Use of Website
The Website is provided only for your personal, non-commercial use. Microceutical grants you a limited, revocable, nonexclusive license to view and print information relating to your product orders from the Website subject to the following conditions: (a) Content may be used solely for information purposes; and (b) Content may not be modified or altered in anyway.
You will not: (a) republish, distribute, prepare derivative works, or otherwise use the Content other than as explicitly permitted herein; (b) frame or utilize “framing” techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) of Microceutical or its providers without the express written consent of Microceutical; (c) “mirroring” the Website or any content on any other server; (d) use any “meta tags” or any other “hidden text” utilizing Microceutical’s name or trademarks without the express written consent of Microceutical; (e) use an automatic device or manual process to copy or “scrape” the Website or Content for any purpose without our express written permission; (f) collect or harvest any personally identifiable information from our Website including, without limitation, user names, passwords, email addresses (g) collection or use of product listings, descriptions, or prices for, on behalf of or benefiting any supplier of competitive or comparable products; (h) use any Microceutical logo or other proprietary graphic or trademark as part of any link without Microceutical’s express written consent; (i) remove, alter, cover, or distort any copyright, trademark or other proprietary rights notice Microceutical includes in the Content; (j) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Content acquire any ownership rights to any content in the Website; (k) post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically or otherwise, or any material of any kind that Microceutical considers objectionable; or (l) take any action that imposes an unreasonable or disproportionately large load on the Website or otherwise interferes with its function or value. You will be liable for any illegal or prohibited Messages or other information you provide to the Website or to other users, including, for example, infringing, defamatory, or offensive materials.
Information Accuracy and Updates
The Content, product descriptions or other information published on this Website may include technical inaccuracies or typographical errors. Microceutical may add, delete or change Content or other information without notice to you. Microceutical and/or its respective providers may discontinue, make improvements and/or changes in the products described herein at any time. Microceutical makes no representation that this Website or any Content is appropriate or available for use in other locations and access to it from territories where Content is illegal or is prohibited. Under no circumstances will Microceutical be liable for any loss or damage caused by your reliance on any Content.
The information on this Website is made available for general education and has not been evaluated by the U.S. Food and Drug Administration. This information is not intended to diagnose, treat, cure or prevent any disease and is not intended to be a substitute for the medical advice of your qualified medical care provider. Always discuss medical issues with your doctor before making any of the products, ideas or suggestions found on the Website part of your life.
Access to Password Protected / Secure Areas
Microceutical may assign its customers passwords. You may not share or otherwise disclose your password with anyone else. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Attempting to access password protected areas of the Website without Microceutical authorization is prohibited and may be subject to prosecution. You agree to contact Microceutical immediately if you become aware of any breach of security or unauthorized use of your password.
Commication of Unsolicited Ideas
Microceutical is not seeking any unsolicited ideas, suggestions or materials relating to the development, design, or marketing of its products or services. However, you may submit messages, data, comments and provide other information (collectively, “Messages”) so long as it is not obscene, illegal, threatening, or defamatory and so long as such submission and the content thereof does not invade the privacy, infringe the intellectual property of or otherwise violate the rights of or injure Microceutical or any third party, or contain a software virus, mass mailing, chain letter, or any form of “spam.” You will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Any Messages submitted by you to Microceutical through this Website shall be and remain the sole and exclusive property of Microceutical and may be used by Microceutical for any purpose whatsoever, commercial or otherwise, without compensation. You represent and warrant to Microceutical, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute your representation and warranty that neither the submission nor any content thereof is in breach of these Terms, and your assignment to Microceutical of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Microceutical is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction, and without compensation to you. Messages delivered by or from you to this Website (whether via posting, electronic mail, or otherwise, directly or indirectly) shall not be considered by you to be confidential. Microceutical shall not be responsible to keep such information confidential, and Microceutical shall not be liable for any use or disclosure thereof.
Linked Sites and Other Businesses
Parties other than Microceutical Scientific LLC and its licensors may, from time to time, operate stores, provide services, or sell product lines on the Website. In addition, Microceutical may choose to provide links to the sites of affiliated companies and certain other businesses. Microceutical does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
Risk of Loss
All items purchased from Microceutical Scientific LLC through any of its Websites, such as mysynergenics.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
With respect to items sold by Microceutical Scientific LLC, your credit card will be charged during the purchasing process and your order processed either that business day or the immediate business day following. Should Microceutical not be able to ship the purchased item within ten (10) business days of the order placement, you will be notified by email using the information you provided. Should you wish to cancel the order at that time; a credit in the total amount of your purchase will be issued to your credit card. Final processing and posting is then subject to your credit card company. For your purchases from third-party sellers using mysynergenics.com or any other Microceutical website, payments are charged at the time you place your order, and third-party sellers may follow different policies.
Disclaimer of Warranties and Limation of Liability
Microceutical does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product manufactured by Microceutical is not as described, your sole remedy is to return the unused portion of the product. THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY. WITHOUT LIMITING THE FOREGOING, MICROCEUTICAL AND ITS CONTENT PROVIDERS DO NOT MAKE AND DO HEREBY DISCLAIM ALL: EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SYSTEM INTEGRATION, ACCURACY OF INFORMATIONAL CONTENT, NON-INFRINGEMENT, QUIET ENJOYMENT, QUALITY, AND TITLE. MICROCEUTICAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE, OR THAT MICROCEUTICAL’S E-MAILS, SOFTWARE OR THE WEBSITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOUR COMPUTER SYSTEM WILL NOT BE DAMAGED BY REASON OF SUCH USE, OR THAT USE OF THE SOFTWARE OR WEBSITE IS OR WILL BE ERROR FREE OR UNINTERRUPTED. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT MICROCEUTICAL WILL NOT BE LIABLE BY REASON OF SUCH USE. YOU AGREE THAT ANY EFFORTS BY MICROCEUTICAL TO MODIFY ITS WEBSITE, PRODUCTS OR SERVICES SHALL NOT BE DEEMED OR CONSTRUED AS A WAIVER OF ANY OF THE FOREGOING LIMITATIONS, OR ACKNOWLEDGEMENT OR EVIDENCE OF ANY DEFECT, NON-CONFORMITY, OR FAILURE OF PURPOSE. You further agree that Microceutical shall not be liable to you or any other person or entity for any loss of profits, loss of use, interruption of business, or any direct or indirect, compensatory, incidental, punitive, exemplary, consequential or other damages or losses of any kind which may be incurred or sustained by you, your employees, agents, successors or assigns, arising out of or relating to the products, the Website, these Terms or otherwise, even if Microceutical was advised of the possibility of such damages or was grossly negligent. Microceutical’s liability in connection with this Website shall at all times be limited to the amount you have paid Microceutical. Some jurisdictions do not permit the exclusion or limitation of liability for consequential, incidental or other damages. To the extent applicable law does not permit any specific exclusion or limitation to apply to you or these Terms, such exclusion or limitation shall be severed from these Terms.
You agree to keep, save, protect, indemnify, and hold harmless Microceutical, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred or sustained by Microceutical arising out of, relating to or resulting from any breach or default by you under these Terms or any other obligations owed by you to Microceutical (including negligent or wrongful conduct).
These Terms shall be construed and governed by the laws of the State of Illinois, notwithstanding any conflicts of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Illinois. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your access to or use of Microceutical’s Website, Content or these Terms must be filed within one (1) year after such claim or cause of action arises.
Microceutical respects the intellectual property rights of others and expects users to do the same. In appropriate circumstances and at Microceutical’s sole discretion, Microceutical may terminate and/or disable the access of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in Microceutical’s sole discretion, Microceutical may remove or disable access to material on any of Microceutical’s websites or hosted on Microceutical’s systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Microceutical will respond promptly to claims of copyright infringement that are reported to the agent that Microceutical has designated to receive notifications of claims infringement (its “Designated Agent”). Microceutical’s Designated Agent is:
Microceutical Scientific LLC
2033 Milwaukee Suite 318 Riverwoods, IL 60015
Phone: (855) 535-5678
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to Microceutical by providing the Designated Agent with a written notification of claimed infringement that includes substantially the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Microceutical will investigate notices of copyright infringement and take appropriate actions under the DMCA.
If after 30 days the parties are unable to resolve any dispute raised under the previous provision, you agree that any dispute arising out of or related to your use of the Website or to products you purchase through Microceutical websites such as mysynergenics.com shall be resolved through binding arbitration held in Chicago, Illinois. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate Microceutical intellectual property rights, Microceutical may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, MICROCEUTICAL AND YOU EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A 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, MICROCEUTICAL AND YOU EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Microceutical’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between Microceutical and you nor any other party nor trade practice shall act to modify any provision of these Terms. You may not assign your rights and duties under these Terms at any time. This is the entire agreement between the parties relating the subject matter herein and supersedes any prior understanding, agreements or representations whether written or oral. If any provision of these Terms is held to be invalid, void or unenforceable by a court of competent jurisdiction, then such provision shall be deemed severed from these Terms and will not affect any other provision of these Terms, the balance of which shall remain in and have their intended full force and effect. The headings and titles of the sections of the Terms are not a part of these Terms, but are for convenience only and are not intended to define, limit or construe the contents of any such sections. This Website is controlled and operated within the United States. Microceutical does not represent that the Website is appropriate or available for use elsewhere. If you access this Website from outside the United States, you do so at your own risk.
Please direct any questions you may have about the Terms, or any other legal matters, to the following e-mail address: email@example.com