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TERMS AND CONDITIONS

 

www.GenesaLiving.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). This website, mobile application, and/or electronic service (collectively, the “Services”) is owned and operated by Genesa, Inc., and or its subsidiaries or affiliates (“Company,” “we,” or “us”). These Terms of Use apply to your use of the Services or other websites, mobile applications, or electronic services on which these Terms of Use (“Terms”) are posted. Your use of www.GenesaLiving.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Genesa advocates and promotes health, wellness, and disease prevention through healthy integrative lifestyle choices that include a foundation of daily micronutrient supplementation. The Company offers the Services conditioned upon your acceptance of these Terms, and your continued use of the Services constitutes your agreement to these Terms. If you do not wish to be bound by these Terms, do not access or use the Services.

Note that special terms apply to some features offered through certain Services, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service or product offering. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.

Privacy

Your use of www.GenesaLiving.com is subject to Genesa's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.GenesaLiving.com or sending emails to Genesa constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Genesa is not responsible for third party access to your account that results from theft or misappropriation of your account. Genesa and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Genesa does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.GenesaLiving.com only with permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel your Autoship anytime by phoning us at 800-404-1065 or emailing orders@genesaliving.com at least 5 business days prior to your next scheduled shipment.
Genesa will accept returns on products for up to 30 days after receipt for a full refund of the original purchase price (excluding shipping and disposal fee). More details can be located in FAQS under the subject "Returns." You may also contact Genesa at 800-404-1065 with any questions.

Links to Third Party Sites/Third Party Services

www.GenesaLiving.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Genesa and Genesa is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Genesa is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Genesa of the site or any association with its operators.

Certain services made available via www.GenesaLiving.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.GenesaLiving.com domain, you hereby acknowledge and consent that Genesa may share such information and data with any third party with whom Genesa has a contractual relationship to provide the requested product, service or functionality on behalf of www.GenesaLiving.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.GenesaLiving.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Genesa that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Genesa or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Genesa content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Genesa and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Genesa or our licensors except as expressly authorized by these Terms.

No Professional Advice or Medical Information

The Services do not provide medical advice, diagnosis or treatment, and the information included on the Services is offered for informational purposes only. Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Services, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Services. We also have not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.

Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Services. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.

The statements on the Services have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.

Third Party Accounts

You will be able to connect your Genesa account to third party accounts. By connecting your Genesa account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Genesa from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Genesa Content accessed through www.GenesaLiving.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

By confirming your order for shipment outside the United States, you agree to the additional terms contained in this section.

If any package is returned to us because of an incorrect address, because you refuse the package, or for any other reason other than solely because of our error, you will be responsible for our shipping cost for the return and reshipment of the package. If the cost to return the package to us exceeds the cost of the goods ordered, or if you have ordered products that we are informed cannot be imported into the country of intended delivery, we may instruct the shipping company to abandon the package, but even if we do so, you will remain responsible for payment.

Additionally, you are considered the importer of record for all shipments from us, and must comply with all laws and regulations of the country of destination and all laws and regulations the United States imposed on exports to that country. You agree to pay any fees, fines, or other costs charged to us or to you in connection with any non-compliance with laws and regulations of the country of destination.

If we decide to allow return of an item that has been rejected because of import or other legal compliance issues, we will refund the purchase price of the merchandise, less any charges we incurred in connection with the shipment, such as quarantine fees, exam fees, demurrage charges, or warehousing fees assessed in the destination country or in the United States upon return of the goods, and less the shipping costs to return the package to us. Supply of goods, services and software through the Services is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Services, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements.

Indemnification

You agree to indemnify, defend and hold harmless Genesa, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Genesa reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Genesa in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Genesa agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GENESA, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

GENESA, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GENESA, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENESA, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GENESA, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Genesa reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Genesa as a result of this agreement or use of the Site. Genesa's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Genesa's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Genesa with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Genesa with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Genesa with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Genesa reserves the right, in its sole discretion, to change the Terms under which www.GenesaLiving.com is offered. The most current version of the Terms will supersede all previous versions. Genesa encourages you to periodically review the Terms to stay informed of our updates.

How to Contact Us

If you have any questions or comments about these Terms or the Site, please contact us by:

Email: info@genesaliving.com

Phone: 1-800-404-1065

Thank you for visiting our Site.

 

Effective as of October 1, 2019