Genucel Terms and Conditions
Effective Date: 4/20/2018
Using the Site
Your use of the Site for any illegal or unauthorized purpose is expressly prohibited. You agree to provide true, accurate, current and complete information about yourself. You must not violate or infringe any of our intellectual property, including any copyright or trademark. Errors on the Site may be corrected when discovered, and we reserve the right to revoke any statedoffer to correct any errors or inaccuracies. You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission,uploading or posting of information to the Site, and any purchases you make through the Site. You shall not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site.
When you purchase any Product on the Site (each such purchase a "Transaction"), you may be asked to provide certain information, such as your payment and shipping information. You represent and warrant that you have the legal right to use any payment card(s) used in connection with any Transaction. By submitting your payment information to the Site, you grant Chamonix the right to provide such information to third parties for purposes of facilitating the Transaction.
Chamonix may offer various subscriptions allowing you to receive the Products on a recurring basis at a set frequency, such as every two months ("Subscription"). When you purchase a Subscription, you agree that Chamonix may charge the payment method you provide at the time of your Purchase on a recurring basis, without further authorization from you, until you provide Chamonix notice that you wish to cancel your Subscription or change your payment method. By purchasing a Subscription, you agree and acknowledge that your Subscription has an initial and recurring payment charge at the then-current Subscription price and you accept responsibility for all recurring charges until you cancel your Subscription. You are solely responsible for any overdraft charges or fees you incur from your Subscription, including all recurring charges, until you cancel.
CANCELLING YOUR SUBSCRIPTION
YOU UNDERSTAND THAT THE PURCHASE OF A SUBSCRIPTION INVOLVES AUTOMATIC PAYMENTS, AND THAT YOU ARE LIABLE FOR PAYMENT OF FUTURE GOODS UNDER THE TERMS OF THIS AGREEMENT IF YOU MAKE A PURCHASE AND FAIL TO NOTIFY CHAMONIX NOT TO SUPPLY THE PRODUCTS. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST THE PAYMENT CARD YOU PROVIDE UNLESS YOU CANCEL.
By submitting or posting any materials or content on the Site, including but not limited to product reviews, you grant Chamonix a perpetual, irrevocable, non-terminable,worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant andcovenant that any materials you provide do not violate any law or regulation or the rights of any third party, and you have full right to grant Chamonix the license specified above. Chamonix shall be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE AND ALL CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. CHAMONIX DOES NOT WARRANT THAT: (1)THE INFORMATION ON THE SITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL CHAMONIX OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSSARISING FROM OR RELATED TO THIS AGREEMENT, THE PRODUCTS, A TRANSACTION, OR YOUR USE OF THE SITE OR THE PRODUCTS.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. Your purchase may be subject to use tax that you owe directly to your state of residence unless your purchase is exemptfrom taxation.
Copyright Infringement; Notice and Take-Down Procedures
Chamonix prohibits the posting of any content that violates or infringes the copyright rights or other intellectual property rights of any person or entity. If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Chamonix will process notices of alleged infringement that it receives and will take appropriate action. Please send notifications of claimed copyright infringement to the following address:
Christine Spearman ‐ [email protected]
The notification must be in writing and contain the following information:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, and information reasonably sufficient to permit the service provider to locate the material;
- 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;
- 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; and
- 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.
DISPUTES THROUGH BINDING ARBITRATION AND CLASS ACTION WAIVER
Any dispute relating in any way to your visit to, or use of, the Site, the Products, or any Transaction or Subscription or otherwise related to this Agreement ("Disputes") shall be submitted to confidential arbitration and shall be governed exclusively by the laws of the State of New Jersey, excluding its conflict of law provisions. If a Disputearises under this Agreement, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to contact us with Disputes by writing to us at [email protected] Chamonix will contactyou by letter to the billing address you provided us at the time you make a purchase or any other address you provide to Chamonix. All Disputes shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in a location convenient to you, or may proceed telephonically if you choose. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. Thearbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court ofcompetent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of NewJersey: (i) any dispute, controversy, or claim relating to or contesting the validity of the our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a party fortemporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action orany class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
You shall have thirty (30) days from the date that you submit your personally identifiable information to us to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at Customer Service. 800-754-6211. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the buttonlabeled "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Chamonix 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 Agreement. 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"), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY CHAMONIX. 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.
Health Disclaimer: Statements on and Products available on the Site have not been evaluated by the Food and Drug Administration (FDA). The Products have not been approved or endorsed by the FDA. The information on this Site is not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are taking medication, have a history of heart conditions, or any other medical condition, we suggest consulting with a physician before using any of our products. The Products are not intended for use by persons under 18 years of age.
This Agreement constitutes the entire agreement between you and Chamonix and supersedes any prior version of this Agreement and Chamonix. If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable andconsistent with the remainder of this Agreement.
Questions: If you have any questions regarding these Terms, the Site, or the Products, you may contact us at [email protected] or calling 800-754-6211.