The following terms and conditions (“Agreement”) govern the use of the Testrovax.com website (“Site”).
DISPUTES: BINDING ARBITRATION AND WAIVER OF RIGHT TO BRING CLAIMS IN COURT
You expressly waive your right to pursue any claim in a court of law. Any dispute or claim relating in any way to any products or services sold or distributed by or through Novex Biotech will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the Site’s legal counsel: Price,
Parkinson, and Kerr, PLLC, 5742 W. Harold Gatty Drive Suite 101, Salt Lake City, UT 84116. The arbitration will be conducted in Salt Lake City, Utah, by the
American Arbitration Association (“AAA”) under its rules, including the AAA’s
Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of arbitration costs including filing fees, administration costs, and arbitrator fees (but not including attorneys’ fees) will be paid by the Site. Attorneys’ fees and costs in arbitration will not be recoverable by either party unless the arbitrator determines the claims are frivolous. This limitation on recovering attorneys’
fees is not applicable to New Jersey consumers or where otherwise prohibited by law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
CLASS ACTION WAIVER
You expressly agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The parties expressly waive any ability to maintain any class action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims. If for any reason a claim proceeds in court rather than in arbitration, any right to a jury trial is hereby waived. Notwithstanding the foregoing, disputes to enjoin infringement or other misuse of intellectual property rights may be brought in a court of competent jurisdiction.
By choosing to purchase any products or services from the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Site.
The Site reserves the right to change the terms and conditions that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the amended terms and conditions. The Site may change, move or delete portions of, or may add to the Site from time to time. The site may make these changes without your consent, without notice, and at our sole discretion, which may be exercised unreasonably.
CONTENTS OF THE WEB SITE
Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, data (including member data), text, and other materials that are part of this Site (collectively, the “Contents”) are owned, controlled, or licensed to or by Novex Biotech. This Site as a whole and portions thereof are protected by copyrights, trademarks, patents, and other intellectual property. The Site grants you a limited license to access and make personal use of this Site. You may not download (other than page caching) or modify any portion of our site, except with express written consent of the Site. You may not use any part of this site for commercial or resale use; this includes, but is not limited to, logos, images, text, and data. You may not use data mining, robots, or similar data gathering and extraction tools. The contents of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Novex Biotech. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of without express written consent. You may not use any meta tags or any other “hidden text” utilizing Novex Biotech’s name or trademarks without the express written consent of the Site. Any unauthorized use terminates the permission or license granted by the Site. Please note that the permission granted herein terminates automatically if you breach any of these terms and conditions. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of the Site, is strictly prohibited.
NO MEDICAL ADVICE GIVEN
No medical advice is given on this Site. If you are seeking medical advice, please consult a medical professional. If you suffer from medical conditions, including but not limited to, diabetes, high blood pressure, pregnancy, eating disorders, or heart disorders, you must obtain your physician’s approval prior to using this Site. The Site recommends that women who are either pregnant or nursing do not use the Site. Therefore, the Site does not offer diet and/or exercise plans for women who are either pregnant or nursing.
By submitting, posting, disclosing, or offering any recipe, review, photograph, image, video, workout plan, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to the Site, you hereby grant to an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party.
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark, or other intellectual property right of any third party. You will take, at Novex Biotech’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by to effect, perfect, and confirm the license granted to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Novex Biotech and is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Site or otherwise used by the Site, the Site may include your name, likeness, photo, or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant the right to use your name in connection with the publication, use, or posting of your Submitted Item.
Novex Biotech does not actively review Submitted Items for accuracy or safety, including but not limited to, recipes, workout plans, photographs, suggestions, ideas, notes, comments, and feedback. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Contents, including Submitted Items from you and other users. We do not endorse or warrant, and we are not responsible for, the accuracy, timeliness, completeness, or reliability of any Submitted Item. In the event Novex Biotech becomes aware of inaccuracies or safety concerns of Submitted Items, or items violate these terms and conditions at Novex Biotech’s sole discretion, reserves the right to remove the Submitted Items pursuant to the terms of this Agreement.
Novex Biotech may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute, or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters, or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement, or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
CONTENT POSTED BY YOU AND TERMINATION OF PRIVILEGES
Novex Biotech reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. The Site reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users, and the Site is not responsible for any such materials posted by users. However, the Site reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in the Site’s sole discretion are objectionable or in violation of this Agreement, the Site’s policies, or applicable law. The Site may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if the Site believes you are in breach of the guidelines set forth in this paragraph, these terms and conditions, or applicable law, or for any other reason without notice or liability.
Novex Biotech collects user-submitted information such as name, email address, and age to authenticate users and to send notifications to those users relating to the service. The Site may also collect other profile data including but not limited to: gender, age, current and goal weight in order to assist users in achieving their diet, nutrition, and weight goals by using the contributions of members to benefit the broader community.
Novex Biotech also logs non-personally identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage, and improve the website services. This non-personally identifiable information may be shared with third parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes.
Novex Biotech may also use a user’s email address to send updates, a newsletter, or news regarding the service. Users may choose not to receive certain email of this type by changing their “notification” setting in the user “Account” page.
From time to time, Novex Biotech or a partner, may sponsor a promotion, sweepstake, or contest on or offer products for sale on the site. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. The Site may transfer your personal information to its ad partners and its affiliated and related entities in order to send you email advertisements regarding products they sell.
Please be aware that whenever you voluntarily post public information to Message Boards or any other public forums, that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.
Novex Biotech’s users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Preferences and Account.
Members who no longer wish to receive updates or notifications may request to opt out of such services.
The Site’s member accounts are secured by member-created passwords. Novex Biotech takes precautions to ensure that member account information is kept private. The Site uses reasonable measures to protect member information that is stored within its databases, and the Site restricts access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that the Site cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time.
Except as otherwise described in this privacy statement, the Site will not disclose personal information to any third party unless the Site believes that disclosure is necessary:
(1) to conform to legal requirements or to respond to a subpoena, search warrant, or other legal process received by the Site, whether or not a response is required by applicable law;
(2) to enforce the Terms & Conditions or to protect the Site’s rights; or
(3) to protect the safety of members of the public and users of the service. The Site reserves the right to transfer personal information to a successor-in-interest that acquires rights to that information as a result of the sale of the Site or substantially all of its assets to that successor-in-interest.
DISCLAIMER OF WARRANTY
THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES, OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, Novex Biotech DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability are subject to change without notice.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL Novex Biotech BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, BODILY INJURY, LOSS OF DATA, OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. The Disclaimers of Liability in this paragraph shall not apply to New Jersey consumers or where otherwise prohibited by law.
The Site has no intention of collecting personal information from individuals under the age of 18. If you are a child under the age of 18, please do not submit personal information without the consent of your parent or guardian.
This Agreement is effective unless and until terminated by Novex Biotech. Novex Biotech may terminate this Agreement at any time without notice to you, and accordingly deny you access to the Site in our sole discretion if you fail to comply with the Agreement. Novex Biotech may terminate all or part of its terms at any time without notice to you.