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Terms and Conditions of Use – For Patients Your Practitioner’s eStore
Effective Dates
April 26, 2017 - until further notice
Welcome to Your Practitioner’s e-Store at Metagenics.com. Metagenics, Inc., dba Bariatric Advantage, (“Metagenics”) provides website features and other services (together, the “Services”) to you when you visit or shop at Your Practitioner’s e-Store on Metagenics.com, or when you use any of the Services. Metagenics provides the Services subject to the following Terms and Conditions of Use.
By using the Services, you agree to these Terms and Conditions. Please read them carefully.
PRIVACY
Please review Metagenics’ Privacy Notice, which also governs your use of the Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Metagenics Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive electronic communications from us, such as e-mails, texts, mobile push notices, or notices and messages on this site or other sites, at the email address or mobile number you provided. You agree that all communications we provide to you electronically are considered to satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT AND YOUR PASSWORD
If you use any of the Services, you are responsible for maintaining the confidentiality of your account and your password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or your password. You also agree not to provide your practitioner’s code or the store’s URL to anyone. Metagenics and its practitioners do not sell products to children. Rather, we sell products only to adults, who can make purchases by using a credit card or other permitted payment method. If you are under 18, you may use the Services only with the involvement of a parent or guardian. Metagenics reserves the right to refuse service, to terminate accounts, to remove or edit content, and to cancel orders, in its sole discretion.
POSTED CONTENT
Your practitioner may post custom content on his or her storefront and may communicate with you through the Services platform. Metagenics has the right (but not the obligation) to monitor and edit or remove any activity or content. Metagenics assumes no responsibility or liability for any content posted by you or any third party.
Automatic Refill Orders
Save Money, Time, and Add Convenience
Simply place your standard order and select one of the re-fill programs available to you from Bariatric Advantage®.
Never Run Out Again
By choosing an automated re-fill program Bariatric Advantage will help to insure that you don't run out of your very important micronutrient replacements.
Monthly Refill (30/60 Day)
Delivered To Your Home Every Month (or Every Other Month for 60 Day).
Free Shipping*
Make Changes To Your Order As Frequently As You Wish.
Make Changes To Your Order As Frequently As You Wish By Contacting Bariatric Advantage 1 Week Before The Processing Of Your Next Order.
Quarterly Refill (90 Day)
Delivered To Your Home Every Three Months.
Free Shipping*
Unopened Product Can Be Exchanged But Not Returned For Credit.
Make Changes To Your Order As Frequently As You Wish By Contacting Bariatric Advantage 2 Weeks Before The Processing Of Your Next Order.
Annual Refill (360 Day **Please call for this option**)
Delivered To Your Home Once a Year.
Free Shipping*
In The Event Of Cancellation:
All Return Shipping Charges Will Be The Responsibility Of The Patient.
Unopened Products Will Be Refunded At Value Of Price Paid.
Returns Of Discontinued Products Will Not Be Accepted.
Refund Is Only Available Upon Receipt And Evaluation Of Bariatric Advantage.
Make Changes To Your Order As Frequently As You Wish By Contacting Bariatric Advantage 2 Weeks Before The Processing Of Your Next Order.
*Free shipping does not apply to select products.
Cancellations
All refill programs can be cancelled at anytime. However, if the program is cancelled before receiving only ONE re-fill shipment, or the first re-fill order is returned in full, the program discounts applied to the original order will be charged back to the account. Any product returned after the cancellation of an order is subject to the guidelines set forth in the Return & Refund Policy.
PRODUCTS RETURNS AND REFUNDS
Returns, Refunds, Shipping, Other
Bariatric Advantage 100% Satisfaction Guarantee
Your complete satisfaction is our goal! As the industry leader in nutrition since 2002, we believe that through quality and adherence to scientific principles we can help to support a vision of life-long health before and after bariatric surgery. However, if for any reason you are dissatisfied with your purchase, we are committed to ensuring your satisfaction. Our return policy is simple:
If you return anything that can be resold, we will issue a full refund for the product
If you return something that cannot be resold (like opened containers), we will issue store credit to be used for any other Bariatric Advantage product
Free shipping on exchanges
No restocking fees and no penalties
To begin the return process, contact our Patient Support department at (800) 898-6888 for a return authorization number.
Policy applies to products purchased after January 1st, 2014. Applies to US retail customers only. Subject to change without notice.
PRODUCT DESCRIPTIONS
Metagenics attempts to be as accurate as possible in its product descriptions. However, Metagenics does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Metagenics is not as described, your sole remedy is to return it in unused condition.
THIRD PARTIES’ PRODUCTS AND CONTENT
Third parties other than Metagenics operate stores, provide services, and sell third-party product lines through the Services. Metagenics is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their storefronts or offerings. Metagenics has no responsibility or liability for the actions, products, or content of these or any other third parties. You should carefully review their privacy statements and their terms and conditions of use.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY METAGENICS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. METAGENICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, METAGENICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. METAGENICS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, METAGENICS’ SERVERS, OR OTHER ELECTRONIC COMMUNICATIONS SENT FROM METAGENICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. METAGENICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF METAGENICS HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES.
INDIVIDUAL STATE LAWS
CERTAIN STATE LAWS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
RISK OF LOSS
All items purchased on Metagenics.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
DISPUTES
We each agree that any dispute resolution will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a claim proceeds in court, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any of the Services, you agree that applicable federal law, and the state law of the State of California without regard to its principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute that might arise between you and Metagenics.
OTHER POLICIES; MODIFICATION; SEVERABILITY
Please review the other Metagenics policies posted on this site. These policies also apply to your use of the Services. Metagenics reserves the right to make changes to our site, our policies, and these Terms and Conditions of Use at any time. If any one of these policies, terms or conditions should be deemed to be invalid, void, or for any reason unenforceable, that policy, term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining policy, term or condition.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions of Use and your payment of any applicable fees, Metagenics or its licensors or content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any of the Services or their content; any collection or use of any product listings, descriptions, or prices; any derivative use of any of the Services or their content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms Conditions of Use are reserved and retained by Metagenics or its licensors and other content providers. None of the Services (or part thereof) may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without the prior express written consent of Metagenics. You may not misuse the Services. You may use the Services only as permitted by law. The license granted by Metagenics or its licensors or content providers terminates if you do not comply with these Terms and Conditions of Use.
By clicking “Accept”, I acknowledge that I have read and I accept these Terms and Conditions.
Terms and Conditions of Use – For Patients Your Practitioner’s eStore
Effective Dates
April 26, 2017 - until further notice
Welcome to Your Practitioner’s e-Store at Metagenics.com. Metagenics, Inc., dba Bariatric Advantage, (“Metagenics”) provides website features and other services (together, the “Services”) to you when you visit or shop at Your Practitioner’s e-Store on Metagenics.com, or when you use any of the Services. Metagenics provides the Services subject to the following Terms and Conditions of Use.
By using the Services, you agree to these Terms and Conditions. Please read them carefully.
PRIVACY
Please review Metagenics’ Privacy Notice, which also governs your use of the Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Metagenics Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive electronic communications from us, such as e-mails, texts, mobile push notices, or notices and messages on this site or other sites, at the email address or mobile number you provided. You agree that all communications we provide to you electronically are considered to satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT AND YOUR PASSWORD
If you use any of the Services, you are responsible for maintaining the confidentiality of your account and your password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or your password. You also agree not to provide your practitioner’s code or the store’s URL to anyone. Metagenics and its practitioners do not sell products to children. Rather, we sell products only to adults, who can make purchases by using a credit card or other permitted payment method. If you are under 18, you may use the Services only with the involvement of a parent or guardian. Metagenics reserves the right to refuse service, to terminate accounts, to remove or edit content, and to cancel orders, in its sole discretion.
POSTED CONTENT
Your practitioner may post custom content on his or her storefront and may communicate with you through the Services platform. Metagenics has the right (but not the obligation) to monitor and edit or remove any activity or content. Metagenics assumes no responsibility or liability for any content posted by you or any third party.
Automatic Refill Orders
Save Money, Time, and Add Convenience
Simply place your standard order and select one of the re-fill programs available to you from Bariatric Advantage®.
Never Run Out Again
By choosing an automated re-fill program Bariatric Advantage will help to insure that you don't run out of your very important micronutrient replacements.
Monthly Refill (30/60 Day)
Delivered To Your Home Every Month (or Every Other Month for 60 Day).
Free Shipping*
Make Changes To Your Order As Frequently As You Wish.
Make Changes To Your Order As Frequently As You Wish By Contacting Bariatric Advantage 1 Week Before The Processing Of Your Next Order.
Quarterly Refill (90 Day)
Delivered To Your Home Every Three Months.
Free Shipping*
Unopened Product Can Be Exchanged But Not Returned For Credit.
Make Changes To Your Order As Frequently As You Wish By Contacting Bariatric Advantage 2 Weeks Before The Processing Of Your Next Order.
Annual Refill (360 Day **Please call for this option**)
Delivered To Your Home Once a Year.
Free Shipping*
In The Event Of Cancellation:
All Return Shipping Charges Will Be The Responsibility Of The Patient.
Unopened Products Will Be Refunded At Value Of Price Paid.
Returns Of Discontinued Products Will Not Be Accepted.
Refund Is Only Available Upon Receipt And Evaluation Of Bariatric Advantage.
Make Changes To Your Order As Frequently As You Wish By Contacting Bariatric Advantage 2 Weeks Before The Processing Of Your Next Order.
*Free shipping does not apply to select products.
Cancellations
All refill programs can be cancelled at anytime. However, if the program is cancelled before receiving only ONE re-fill shipment, or the first re-fill order is returned in full, the program discounts applied to the original order will be charged back to the account. Any product returned after the cancellation of an order is subject to the guidelines set forth in the Return & Refund Policy.
PRODUCTS RETURNS AND REFUNDS
Returns, Refunds, Shipping, Other
Bariatric Advantage 100% Satisfaction Guarantee
Your complete satisfaction is our goal! As the industry leader in nutrition since 2002, we believe that through quality and adherence to scientific principles we can help to support a vision of life-long health before and after bariatric surgery. However, if for any reason you are dissatisfied with your purchase, we are committed to ensuring your satisfaction. Our return policy is simple:
If you return anything that can be resold, we will issue a full refund for the product
If you return something that cannot be resold (like opened containers), we will issue store credit to be used for any other Bariatric Advantage product
Free shipping on exchanges
No restocking fees and no penalties
To begin the return process, contact our Patient Support department at (800) 898-6888 for a return authorization number.
Policy applies to products purchased after January 1st, 2014. Applies to US retail customers only. Subject to change without notice.
PRODUCT DESCRIPTIONS
Metagenics attempts to be as accurate as possible in its product descriptions. However, Metagenics does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Metagenics is not as described, your sole remedy is to return it in unused condition.
THIRD PARTIES’ PRODUCTS AND CONTENT
Third parties other than Metagenics operate stores, provide services, and sell third-party product lines through the Services. Metagenics is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their storefronts or offerings. Metagenics has no responsibility or liability for the actions, products, or content of these or any other third parties. You should carefully review their privacy statements and their terms and conditions of use.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY METAGENICS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. METAGENICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, METAGENICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. METAGENICS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, METAGENICS’ SERVERS, OR OTHER ELECTRONIC COMMUNICATIONS SENT FROM METAGENICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. METAGENICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF METAGENICS HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES.
INDIVIDUAL STATE LAWS
CERTAIN STATE LAWS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
RISK OF LOSS
All items purchased on Metagenics.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
DISPUTES
We each agree that any dispute resolution will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a claim proceeds in court, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any of the Services, you agree that applicable federal law, and the state law of the State of California without regard to its principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute that might arise between you and Metagenics.
OTHER POLICIES; MODIFICATION; SEVERABILITY
Please review the other Metagenics policies posted on this site. These policies also apply to your use of the Services. Metagenics reserves the right to make changes to our site, our policies, and these Terms and Conditions of Use at any time. If any one of these policies, terms or conditions should be deemed to be invalid, void, or for any reason unenforceable, that policy, term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining policy, term or condition.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions of Use and your payment of any applicable fees, Metagenics or its licensors or content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any of the Services or their content; any collection or use of any product listings, descriptions, or prices; any derivative use of any of the Services or their content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms Conditions of Use are reserved and retained by Metagenics or its licensors and other content providers. None of the Services (or part thereof) may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without the prior express written consent of Metagenics. You may not misuse the Services. You may use the Services only as permitted by law. The license granted by Metagenics or its licensors or content providers terminates if you do not comply with these Terms and Conditions of Use.
By clicking “Accept”, I acknowledge that I have read and I accept these Terms and Conditions.
Let us guide you to the Perfect Product
Use our easy-click product finder to identify nutritional products that address the vitamin, mineral, and protein deficiencies associated with specific procedures, by capsule or chewable form, or by specific category such as multis, calcium, meal replacements/protein.
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