These Terms of Service (“TOS”) constitute a legally binding agreement made by and between W.D. Owens Investment Company, LLC, which operates www.biofitnesslab.com, www.bioantler.com, www.bioantler.net, and www.bioantlerspray.com, (“BIOFITNESS LAB Website” or “us”) and you, whether personally or on behalf of an entity (“you”). These TOS govern your use of the BioFitness Lab Website and the products offered on Website (the “Services”), so please read them carefully.
BY ACCESSING OR USING ANY PART OF THE NETWORK, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DISCONTINUE USE OF THE BIOFITNESS LAB WEBSITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, BIOFITNESS LAB WEBSITE RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE SERVICES CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS TOS THAT MAY BE POSTED ON THE BIOFITNESS LAB WEBSITE.
1. Webpages which are Part of BioFitness Lab Website and Affiliates Which are Not. Biofitness Lab Website operates www.biofitnesslab.com, www.bioantler.com, www.bioantler.net, and www.bioantlerspray.com and pages found in the web directory for such websites. BioFitness Lab Website does not include other websites including advertising affiliates which may refer customers to BioFitness Lab Website.
2. Product Transactions on BioFitness Lab Website.
5. Intellectual Property Rights
6. DMCA Copyright Policy and Copyright Agent. BioFitness Lab Website respects the intellectual property rights of others and expects its users to do the same. If you believe BioFitness Lab Website has infringed your intellectual property rights, please notify our Intellectual Property Agent at firstname.lastname@example.org and provide the following information:
7. Representations and Warranties
8. Indemnification. You agree to hold BioFitness Lab Website and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these TOS by you or (ii) arising from, related to, or connected with your use of the BioFitness Lab Website. Ifyou are obligated to provide indemnification pursuant to this provision, BioFitness Lab Website may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of BioFitness Lab Website.
9. Disclaimers, Exclusions, and Limitations
10. Returns. All of our products are backed by a 30-day guarantee. If you are not satisfied with a product, send us the remaining product and we will refund your money less shipping expenses. If you received an incorrect or defective item, we will pay the shipping costs to correct the error.
BioFitness Lab strictly follows all regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States. We are not responsible for regulations imposed by other countries. You are responsible for verifying that products you purchase and ship outside the United States are not prohibited. We recommended that you contact your local customs office before ordering a dietary supplement or a natural health product.
Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can't be delivered due to an address error, or orders seized by customs unless the shipment is returned to us in unmodified condition. This situation rarely happens but it is always best to check before you order.
You should expect to receive your refund within 30 days of giving your package to the return shipper, however, in many cases you will receive a refund sooner. This time period includes the transit time for us to receive your return, the time it takes us to process your return once we receive the product(s), and the time it takes your bank to process our refund request.
If you need to return an item, simply login to your account, view the order using the Complete Orders link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.
Please follow the Complete Orders link for directions to return our products.
Correspondence following up regarding returns may be sent to: BioFitness Lab c/o WDO Investments Corporate Office P.O. Box 69A05 West Hollywood, California 90069.
11. Arbitration. All disputes between you and BioFitness Lab Website related to the operation of its website or the sale or marketing of its products will be exclusively resolved under confidential binding arbitration held in Los Angeles, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator(s) designated by American Arbitration Association will determine whether any generally applicable contractual defenses to this agreement exist, including but not limited to fraud, duress, or unconscionability. No arbitration between us will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, BioFitness Lab Website will have the right to seek injunctive or other equitable relief in state or federal court to enforce these terms or prevent an infringement of a third party’s rights. In the event such relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
THE AAA'S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY'S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Class Action and Class Arbitration Waiver.
11.1. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in section 10.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court Claims.
11.2. Exception - Small Claims Court Claims. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30 Day Right to Opt Out.
11.3. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in sections 10.2, 10.3, and 10.4 by sending written notice of your decision to opt-out to the following address: BioFitness Lab c/o WDO Investments Corporate Office P.O. Box 69A05 West Hollywood, CA 90069. The notice must be sent within thirty (30) days of registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Exclusive Venue for Litigation.
11.4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in section 10.2 do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions.
12. Governing Law. The law which shall resolve all disputes between the parties shall be the laws of California and the United States of America.
13. Changes to the Website or Service. BioFitness Lab Website may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of BioFitness Lab Website, temporarily or permanently, at any time without notice to you, and BioFitness Lab Website will not be liable for doing so.
15. Waiver of Class Action Rights. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these TOS must be asserted individually.
16. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of BioFitness Lab Website must be brought within one calendar year after such claim or cause of action arises, or forever be barred.
17. Integration. These TOS contain the entire understanding of the you and BioFitness Lab Website regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.
18. Additional Terms. These TOS will be binding upon each party hereto and is successors and permitted assigns, and governed by and constructed in accordance with the laws of United States and California without reference to conflict of law principles. These TOS and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferrable by you without the prior written consent of BioFitness Lab Website. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any right, power, or privilege under these TOS. You and BioFitness Lab Website are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
Copyright © W.D. Owens Investment Company, L.L.C. ALL RIGHTS RESERVED 2017.