TERMS & CONDITIONS (“T&C”)

Terms & Conditions

By placing an order through www.BioXgenic.com or using the BioXgenic.com website (“Website”), you (“You”) agree with BioXgenic, LLC (“BioXgenic” or “Us”) to the legally binding terms and conditions set forth below.

BioXgenic products are dietary supplements regulated as foods by the U.S. Food and Drug Administration and are not intended to diagnose, treat or cure any disease or medical condition.  You should consult a physician before using ANY BioXgenic products and use them only as directed on the product labeling.  BioXgenic LLC strictly adheres to all applicable dietary supplement regulatory requirements.  Any and all user-generated content (UGC) is unsolicited and is not approved or consented by BioXgenic.  BioXgenic voluntarily monitors UGC to correct misinformation in a truthful and non-misleading manner but cannot monitor all UGC.

BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE OR PLACE ANY PURCHASE FOR BIOXGENIC PRODUCTS (“PRODUCTS”) ON THE WEBSITE. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE WEBSITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE WEBSITE.

THIS AGREEMENT ALSO INCLUDES A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. Please see the Arbitration and Waiver of Class Action sections below for more information.

We reserve the right to change or modify these Terms & Conditions at any time and your continued use of this site will be conditioned upon the Terms & Conditions in force at the time of your use.

Contents
Health Disclaimer
Return Policy for Standard Deliveries
Using the Website
Content
Accuracy of Information
Electronic Signatures and Agreements
Sales Tax
Intellectual Property Rights
Third Party Websites
Comments
Indemnification
Disclaimers, Exclusions, and Limitations
Applicable Law
Arbitration
Waiver of Class Action Rights
Termination
Miscellaneous
Contact Us

Health Disclaimer

Any statements on this site or any materials or supplements distributed or sold by www.BioXgenic.com have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have any medical condition. We suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.

Return Policy for Standard Deliveries

To be considered for reimbursement, products purchased through standard delivery (“all non-auto-ship purchased products”) must be unopened and in the original packaging. To return a product you must do the following: Call us at 1-954-725-5502 within 30 days of purchase (product issues not declared within 30 days of purchase are not entitled to a refund). You will be given a Return Merchandise Authorization (RMA) number. To receive your refund, you must postmark your return within 30 days of purchase. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box. Our shipping department does NOT accept any packages without an RMA number. You must pay for return shipping.

Address the return package to: BioXgenic, 2131 Blount Road, Pompano Beach, FL 33069 USA

We will not accept or issue a refund for any packages marked return to sender or refused. If you return a package, we recommend that you get proof of shipment. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card for a full refund of the purchase price including shipping and processing. Please allow one or two billing cycles for the return to be posted to your account, depending on your financial institution.

Using the Website

Except as expressly provided below, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use our or any third party intellectual property without our express written permission (or that of the relevant third party), except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these T&C or otherwise, except as expressly set forth in these T&C. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may only use the Website or make purchases on the Website if you are the age of majority in your state. You must comply with all of the terms and conditions of this Agreement, the policies referred to below, and all applicable laws, regulations and rules when you use the Website. In your use of the Website and the services available on the Website (“Services”), you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any web sites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other “hidden text” utilizing the BioXgenic name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in any activity prohibited by these T&C.

Content

By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to or the availability of any material that we or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement).

Accuracy of Information

We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by BioXgenic 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 these T&C. 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 BIOXGENIC. 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 to payments or the granting of credits by other than electronic means.

Sales Tax

If you purchase any Products on the Website, you will be responsible for paying any applicable sales tax indicated on the Website.

Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud, or any other fraud on the company. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

Intellectual Property Rights

We own all materials on the Website, including without limitation, our tradename, BioXgenic, the related design marks, and other trademarks on the Website, page headers, custom graphics, button icons and scripts the Website software, logos, design, text, graphics, images, photographs, illustrations, audio and video material, user interfaces, sounds, artwork, computer code (including html code), products, information other files.. You may not use such materials without permission. . You may not link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website.

Third Party Websites

BioXgenic.com may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

Comments

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Website (“Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments. You will, at our cost, execute any documents to effect, record, or perfect such assignment.

Indemnification

Except where prohibited by law, you agree to defend, indemnify and hold the Website, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, and employees harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, costs and expenses (“Claims”), made by any third party directly or indirectly relating to or arising out of (a) content you provide transmit or obtain to or through the Website (b) your violation of this Agreement, (c) your violation of any rights of another or (d) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without our consent.

DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

EXCEPT WHERE PROHIBITED BY LAW, WE PROVIDE THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.

WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIOXGENIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, SERVICES, OR PRODUCTS WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BIOXGENIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE T&C (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.

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 the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Applicable Law

This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof.

Arbitration

All disputes arising out of or relating to any purchase you make with via this Website, any information you provide via the Website, these T&C (including its formation, performance or alleged breach), and your use of the Website will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, BioXgenic will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified BioXgenic in writing and provided a copy of the arbitration proceedings. However, if BioXgenic is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to BioXgenic. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of Ft. Lauderdale, Florida, but may proceed telephonically if the claimant so chooses.

The arbitrator’s award will 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 these T&C may be joined to an arbitration involving any other party subject to these T&C, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the state of Florida to enforce these T&C or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

WAIVER OF CLASS ACTION RIGHTS

ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THE WEBSITE, THESE T&C (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THESE T&C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BIOXGENIC IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

Additional Terms and Conditions

In addition to these Terms & Conditions, your purchase of Products through the Website is subject to the Website Privacy Policy, which is incorporated herein by reference.

Termination

We will have the right to terminate your access to the Website if we reasonably believe you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding orders for the Product. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This Agreement shall survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.

Miscellaneous

You acknowledge and understand that if the Website is unable to provide the Products as a result of an event outside of its control, the Website will not be in breach of any of its obligations towards you under these Terms. This Agreement contains the entire understanding between you and us regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto. This Agreement will be binding upon each party hereto and its successors and permitted assigns. These T&C and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under these T&C 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 other right, power, or privilege under these T&C. The invalidity or unenforceability of any provision of these T&C will not affect the validity or enforceability of any other provision of these T&C, all of which will remain in full force and effect.

Contact Us

Questions about the Terms & Conditions should be sent to us at support@BioXgenic.com.

RETURNS POLICY

Damaged Goods:
If upon receipt goods are found to be in some way damaged in shipping MD Science will replace said goods.

To return these goods the purchaser must have a copy of their invoice (or invoice number).  Contact customer service at 888-657-1717 or by email at customer.care@mdsciencelab.com .  The customer/client is responsible for inspection of the received goods and requesting a return in a timely manner.

Please be sure to repack the goods in an acceptable method if the original packaging was damaged during shipping.  Returns processing may take up to 10 business days from the time your return is received at our warehouse.

Defective Goods:
Unless otherwise specified, we gladly accept DEFECTIVE EXCHANGES on all non-expired products. We shall have sole discretion as to the credit method. We may either issue a credit, or ship a replacement product. Credit will not be issued without a copy of the invoice (or invoice number).  Shipping for the return may be credited depending on the type of defect and each case is judged on a case by case basis depending on the type of defect.

Non-Defective Goods:
We accept NON-DEFECTIVE returns.  Goods received by the customer that do not meet their expectations can be exchanged for goods or returned for store credit.  The unused portion of these goods must be returned within 30 days of receipt by the client.  All NON-Defective returns are negotiated on a case by case basis.  Such returns will be processed within 10 business days from the time your return is received at our warehouse.  We do not credit shipping.  Shipping on all returns will be at the customer’s expense for all Non-Defective items.

Shipping Policy

Bioxgenic.com accepts orders 24 hours a day, every day of the week. Orders are processed in the order they are received and expedited shipping orders, such as Priority and Express shipping, are elevated in priority to meet the delivery deadline. All orders are shipped from our location in Pompano Beach, Florida. We only ship to the 50 U.S. states.

Orders placed are usually processed and shipped within 2 business days from the time the order is placed. Priority and Express orders placed before 5:00 PM EST will be processed and shipped out the next business day.  Orders placed from Friday to Sunday will be processed the following Monday and shipped within 2 days. USPS does not pick up or deliver on weekends.

**Due to the high volume of orders during holiday season you may experience extended processing time up to 7 business days.**

We currently do not ship to APO or FPO address. Orders that contain a different shipping address from billing address may be subject to review, in which case the customer will be contacted. This can delay shipping time. Bioxgenic.com cannot guarantee expedited shipping when an order is placed on hold for review. Tax rate is based on the shipping address and not the billing address.

Lost or Stolen Packages

– If the package shows delivered to your address, but is missing you must report the lost to us within 2 weeks of placing your order. Once you have reported your lost package, we will launch an inquiry with our carrier about the lost package and attempt to have it recovered. If the carrier declares the package to be a complete loss, we will reship your order to you at no charge if stock is available.
– We are not responsible for packages that are delivered to a wrong address due to an incorrect or incomplete shipping address provided by customer.

Refused Package

If your package cannot be delivered, is unclaimed, or is refused, you are responsible for the following:
• Original and return shipping costs.
• 10% restocking fee.

The amount of these charges will be subtracted from your merchandise refund.