Terms of Use
Last Updated: November 14, 2024
These online Terms of Use ("Terms of Use") govern your access to all websites controlled and offered by Agravitae, including its subsidiaries and affiliates (“Agravitae”) and govern your access to and use of these websites, including any content, functionality, and services offered on or through them (the “Sites”), whether as a guest or a registered user. These Terms of Use do not apply to any websites not controlled by Agravitae, or to any third-party websites to which Agravitae may link on the Sites. Our Privacy Policy is incorporated into and is part of these Terms of Use.
Please read the Terms of Use carefully before you start to use the Sites. By using the Sites, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and Agravitae’s Privacy Policy, as well as any other rules or restrictions posted on the Sites, all incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.
The Sites are offered and available to users who are 16 years of age or older and are not intended for use by children under the age of 16. By accessing and using the Sites, you represent and warrant that you are at least 16 years old and have read, understand, and agree to be bound to the current version of these Terms of Use.
If you disagree with these Terms of Use, or are dissatisfied with any aspect of the Sites, your sole and exclusive remedy is to discontinue accessing and using the Sites.
Changes to the Terms of Use
Agravitae reserves the right to revise and update these Terms of Use and the Privacy Policy from time to time at our sole discretion without prior notice. All changes are effective immediately upon posting and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use constitutes your unconditional agreement to be bound by the updated Terms of Use as then stated.
The Sites
The information presented on or through the Sites is made available solely for general information purposes. Agravitae reserves the right to update, amend, or withdraw the Sites and any services or materials it may provide on the Sites, at its sole discretion without notice. Agravitae does not warrant the accuracy, completeness, or usefulness of any information provided on the Sites. Any reliance placed on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. If any information on the Sites is incorrect, incomplete, or out of date, Agravitae is not bound by such information. Agravitae may have more accurate information than what is displayed on the Site, and information displayed on the Sites is not a waiver of Agravitae’s right to use more accurate information for any purposes.
Agravitae reserves the right to restrict access to some parts or all of the Sites to users, including registered users. Agravitae will not be liable if, for any reason, all or any part of the Sites is unavailable at any time or for any period, or if information is removed from the Sites. Agravitae makes no claims that the Sites or any of their content are accessible or appropriate in every country. You understand and agree that you have no ownership rights in any account you may have with us or other access to the Sites or features therein. Agravitae may cancel your account and delete all User Generated Content associated with your account at any time, and without notice, if Agravitae deems that you have violated these Terms of Use, the law, or for any other reason.
Your Use of the Sites
To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites, and you represent and warrant, that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Sites or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by Agravitae’s Privacy Policy, and you consent to all actions Agravitae may take with respect to your information consistent with the Privacy Policy. It is your responsibility to maintain the completeness and accuracy of your registration information, and any loss caused by your failure to do so is your responsibility. You represent that you will update your contact information if it changes so we can contact you.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You also acknowledge that your account is personal to you. You represent and warrant that you will not sell, share, or disclose your password to others, and will not otherwise provide any other person with access to the Sites or portions of it using your account. You should use particular caution when accessing your account from a public or shared computer.
Intellectual Property Rights
The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Site Content”) are owned by Agravitae, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Agravitae name, and all related names, logos, product and service names, designs, and slogans are trademarks of Agravitae or its affiliates or licensors. You are expressly prohibited from using such marks without the prior written permission of Agravitae in each instance, except to identify the products or services of Agravitae. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
Agravitae retains all rights to all Site Content, including but not limited to its trademarks, copyrighted materials, photographs, images, product formulas, labels, and packaging displayed on the Sites as well as on any Agravitae products that you may purchase through the Sites. No right, title, or interest in or to the Sites or any Site Content is transferred to you, and all rights not expressly granted are reserved by Agravitae.
User Generated Content
The Sites may contain functionality and interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Generated Content") on or through the Sites. You represent and warrant that you own the User Generated Content submitted, displayed, published, or posted by you on the Sites and otherwise have the right to grant the license set forth below, and the posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any person or entity.
In accordance with our Privacy Policy, any User Generated Content you post to the site will be considered non-confidential and non-proprietary and may be viewed by other users of the Sites, and you hereby grant to Agravitae a royalty-free, unrestricted, worldwide, perpetual, irrevocable, and fully transferable license to reproduce, distribute, copy, modify, publish, display, transmit, adapt, upload, create derivative works of and/or post such content (in whole or in part) and incorporate it in other works in any media, form, or technology, and otherwise disclose to third parties any such material for any purpose. This license includes the right to host, index, cache, distribute, and tag any User Generated Content, as well as the right to sublicense User Generated Content to third parties for use on other media or platforms known or hereinafter developed.
User Generated Content does not reflect the opinion of Agravitae and solely reflects the opinions and views of the person or entity providing the User Generated Content. Agravitae makes no guarantee regarding the accuracy or completeness of any User Generated Content posted on the Sites. We reserve the right in our sole discretion, but have no obligation, to review, modify, refuse, or remove any User Generated Content that in our judgment does not comply with these Terms of Use or is otherwise inappropriate, inaccurate, or objectionable. Agravitae is not responsible or liable for damages of any kind arising from any User Generated Content, even when Agravitae is advised of the possibility of such damages or for Agravitae’s alteration or deletion of any User Generated Content.
Online Purchases and Other Terms and Conditions
Agravitae takes strict measures to ensure the protection of its consumers and control its supply chain. Agravitae reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. Please note that certain orders may constitute improper use of the Sites and its services. Additionally, Agravitae reserves the right, in our sole discretion, to refuse or cancel any order for any reason. User accounts may also be restricted or terminated for any reason, in our sole discretion. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. “Reselling” is defined as purchasing or the intention to purchase any Agravitae product from the Sites for the purpose of engaging in a commercial sale of that product to a third party.
Third-Party Websites
If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Agravitae has no control over the contents of those sites or resources, accepts no responsibility for them, and has no liability for any loss or damage that may arise from your use of third-party sites. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We encourage you to read these third-party sites’ policies before using them because Agravitae’s Terms of Use, Privacy Policy, and other policies do not govern third-party sites.
Disclaimer of Warranties
YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AGRAVITAE NOR ANY PERSON ASSOCIATED WITH AGRAVITAE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM THE SITE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE.
WITHOUT LIMITING THE FOREGOING, NEITHER AGRAVITAE NOR ANYONE ASSOCIATED WITH AGRAVITAE REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, AGRAVITAE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT WILL AGRAVITAE, OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Agravitae, its parents, subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, your use of the Sites, your use of any information or Site Content obtained from the Sites, or which arises from the use of User Generated Content you posted or otherwise provided to Agravitae or the Sites.
General
All matters relating to the Sites and these Terms of Use shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. At Agravitae's sole discretion, you may be required to submit any disputes arising from these Terms of Use or use of the Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the JAMS Rules of Arbitration. Depending on your country of residence, this section may not apply to you in full.
No waiver by Agravitae of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Agravitae to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Subscriptions
Subscription items will ship automatically unless you cancel. By placing a subscription/auto-ship order, you are authorizing Agravitae to charge your card for future orders at the frequency and quantity you selected. The actual cost of each shipment may vary depending on the quantity and frequency chosen. You will need to create an account to manage subscriptions
Agravitae reserves the right to adjust product formulations at any time. In the event of a reformulation, customers will be notified via email and can cancel at any time before their next shipment.
Offesa may be discontinued at Agravitae’s discretion. Available while supplies last.
Returns
If you are not 100% satisfied, a 30-day money-back guarantee is offered on all Agravitae products purchased from www.agravitae.com. Please make sure the product is returned within 30 days of the order date on the packing slip to ensure a refund (excludes shipping and handling charges).
Please contact our customer service department at (714) 259-0115 or email info@agravitae.com for further assistance with processing your return.
Refunds will exclude any original shipping and handling charges, as well as any costs incurred for return shipping. Refunds will be made only to the original credit card used to purchase the returned product. Agravitae is only able to accept the return of products purchased through the Agravitae website. All returns are subject to validation and approval by Agravitae. Agravitae reserves the right to limit or refuse a return.
Please contact our customer service department at (714) 259-0115 or email info@agravitae.com to request anreturn approval, or for further assistance with processing your return. Any returns received without a return authorization will be unable to be processed.
Damaged Products: If you receive items that may have been damaged during transit, please save the damaged box and product and contact our customer service department at (714) 259-0115 or email info@agravitae.com.
Contact Us
This website is operated by Agravitae, headquartered at:
15991 Red Hill Ave Suite 100
Tustin, CA 92780
United States of America
Phone: (714) 259-0115
Email: info@agravitae.com
All other feedback, comments, requests for technical support, and other communications relating to the Website should be submitted via email to info@agravitae.com or via mail to the above address.