CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT IN FULL IF YOU USE OR MAKE A PURCHASE ON THIS WEBSITE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND OTHER POSTED POLICIES THEN DO NOT USE THE WEBSITE, DO NOT PROVIDE ANY INFORMATION TO THIS WEBSITE AND DO NOT PURCHASE ANY PRODUCTS ON THE WEBSITE.
Questions? Contact an Inate Scientific representative toll-free at (855) 623-6670 Monday to Friday from 9:00AM to 9:00PM Eastern Standard Time (“EST”) and Saturday from 9:00AM to 5:00PM EST.
TRIAL ORDER TERMS; AUTOMATIC MONTHLY SHIPMENT PROGRAM AND CANCELLATION POLICY
18-DAY TRIAL OFFER: Upon signing up for your trial, you will be sent a 30-day supply of Inate Scientific and the credit card you provide will be charged a one-time shipping and handling fee of $4.95 (Cream) and/or $4.99 (Serum).
Unless you cancel by no later than eighteen (18) days from the date when you placed your trial order, you will be automatically charged the full purchase fee [$89.95 (Cream) and/or $98.95 (Serum)] eighteen days from the date when you placed your trial order and enrolled as a member in our auto-ship program (“Program”). As a member of the Program, you will be sent a 30-day supply about every 30 days thereafter of Inate Scientific, and you will be charged or debited $89.95 (Cream) and/or $98.95 (Serum) plus shipping and handling to the same card that you use today until you cancel. You acknowledge and agree that your enrollment in the Program constitutes your preauthorization to be charged for each installment, and Inate Scientific will not obtain additional authorization from you after today for charges to your credit card or debits made from your debit card account. You are solely responsible for any overdraft charges or fees you incur resulting from any purchase you make of any Product, and enrollment and continued participation in the Program.
If you contact customer service to terminate your trial enrollment within eighteen (18) days from the date when you placed your trial order, you will not receive any additional product and you will not be charged anything else.
You can cancel at any time by contacting customer service at (855) 623-6670 Monday to Friday from 9:00AM to 9:00PM EST and Saturday from 9:00AM to 5:00PM EST.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at (855) 623-6670 Monday to Friday from 9:00AM to 9:00PM EST and Saturday from 9:00AM to 5:00PM EST. We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
YOU UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT YOU ARE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES, UNDER THE TERMS OF THIS AGREEMENT, IF YOU PURCHASE THE PRODUCT AND THEN FAIL TO NOTIFY INATE SCIENTIFIC NOT TO SUPPLY THE PRODUCTS DESCRIBED. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST THE CREDIT CARD OR DEBIT CARD YOU PROVIDE UNLESS YOU CANCEL.
If you decide to cancel at any time during the monthly auto-ship program and are requesting a refund you must call (855) 623-6670 Monday to Friday from 9:00AM to 9:00PM EST and Saturday from 9:00AM to 5:00PM EST to obtain an RMA number, and you must return the unused portion of the product to:
Attn: Inate Scientific
3 N 4th St., #408
Columbia, PA 17512
PLEASE REMEMBER TO CONTACT CUSTOMER SUPPORT TO OBTAIN YOUR RETURN MERCHANDISE AUTHORIZATION (RMA) NUMBER PRIOR TO SENDING ANY PRODUCT BACK OR YOU WILL NOT BE ISSUED A REFUND. PACKAGES THAT ARE MARKED “REFUSED” OR “RETURN TO SENDER” WILL NOT BE PROCESSED AS A REFUND.
You are responsible for the cost of return shipping. All RMA Packages and Refused Packages are subject to a $20.00 restocking and service fee, per product, that will be automatically taken out of your refund.
We refund all cases of fraud and unauthorized transactions. Multiple refunds for purchases processed over multiple months are not permitted. We will only refund the most recent month’s transaction. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith. Once you have been issued an RMA number, you will automatically receive an RMA email confirmation and authorization. In order for your refund to be processed, you must write your RMA number on the outside of your shipment package in large and legible print. In order to process your refund, we must receive the remaining product at our fulfillment center in good condition. Once the remaining product has been received by us and your RMA number has been logged into our systems, you will receive an email confirmation that your refund is being processed. Please note that depending on the bank that issued the credit card, a refund can take up to thirty (30) days to appear on your credit card statement. You are responsible for any costs incurred to package and safely return the product to our fulfillment facility.
InsureShip Shipping protection is available for select online partners and can be added for $1.99 on initial shipment. This includes protection on all items lost, stolen or damaged in transit up to $100.00 value. If the shipping protection option is added to the order InsureShip will guarantee your order arrives within 5-7 business days or you may contact customer service within 30 days of your original order and receive a refund.
Your use of the Website for any illegal or unauthorized purpose is expressly prohibited. You represent and agree to provide true, accurate and complete information about yourself. You must not violate or infringe any of our intellectual property, including copyright or trademark.
Errors on the Website may be corrected when discovered, and we reserve the right to revoke any stated offer to correct any errors or inaccuracies.
You understand that the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. You understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. You understand that you should not use this information to diagnose or treat any health problems or illnesses without consulting your doctor. You also understand that Inate Scientific is not intended or to be used to treat any type of medical condition.
NOTICE AND TAKE-DOWN PROCEDURES; COPYRIGHT AGENT
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to Inate Scientific by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that Inate Scientific may find it on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please deliver claims of copyright or other intellectual property infringement to [email protected].
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
CONSENT TO RECEIVE EMAILS FROM US
If you sign up via any of our opt-in forms, or make a purchase from any of our Websites, you consent to receive emails from us. These emails can be comprised of order confirmation, shipping confirmation, announcement type emails and/or our skin care newsletter and informational emails that we send out regularly. Please remember that if you no longer wish to hear from us, you can simply unsubscribe at any time using the link in the footer of any email that we send you.
REPRESENTATIONS; PRODUCT DISCLAIMERS
Inate Scientific is committed to improving the well-being of our customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that our Products have not been evaluated by the Food and Drug Administration, and Our Products or the information on the Website are not intended to diagnose, treat, cure or prevent any health problems, illnesses, or disease without consulting your doctor or physician. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You further understand that this Product is not intended for use by persons under 18 years of age and that the Product is not intended or to be used to treat any type of medical condition. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. Inate Scientific endeavors to provide You with accurate information about Our Products. You understand and agree that the information Inate Scientific conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific/research entities (“Third Parties”). Inate Scientific does not warrant or represent that such information is error-free, and Inate Scientific does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. Inate Scientific does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, body chemistry, skin type, diet and exercise regimen.
The representations and product disclaimers described above are inapplicable where prohibited by law, including in New Jersey.
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Inate Scientific has the right to rely upon all information provided to Inate Scientific by You, and Inate Scientific may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
Regardless of whether you timely cancel your order, Company will not refund or credit any shipping and handling charges for any Product that was shipped to you.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
If a Dispute arises 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]. Inate Scientific will contact you by letter to your billing address you provided us or to the email address you provided us.
If any Dispute cannot be resolved informally, we each agree that any and all Disputes other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. 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. The arbitration 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 of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of New York: (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 for temporary, 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 or any 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 AGREE 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 opt-out of this arbitration agreement. To opt out of arbitration you must contact us at [email protected]. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Inate Scientific or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without Inate Scientific ‘ prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or the legal age of majority in your jurisdiction of primary residence, whichever is greater, to access Our Website. You have read this Agreement and understand the terms contained in this Agreement.
As a user of the Website, You agree that in connection with Your use of the Website and the content You will not:
– Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
– Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
– Use the Website for any unlawful purpose;
– Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
– Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
– Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
– Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
– Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
– Intentionally or unintentionally violate any applicable local, state, national or international law.
Without the express prior written authorization of Inate Scientific, You may not:
– Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
– Create derivative works based on the Website or any of the Intellectual Property;
– Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
– Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
– Use any meta-tags or any other “hidden text” using the Website’s name or marks;
– “Deep-link” to any page of the Website;
– Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
– Use any data mining, bots, or similar data gathering and extraction tools on the Website;
– Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
– Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
You agree that any products you purchase from Inate Scientific and/or our Website will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute or export any product that you order from the website.
TERMINATION OF AGREEMENT
This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Inate Scientific reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Inate Scientific believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Inate Scientific provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
LINKS, THIRD PARTY PRODUCTS & SERVICES
IInate Scientific shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Inate Scientific’s performance.
You agree to defend, indemnify, and hold harmless Inate Scientific, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to Indiana’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions , for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Inate Scientific shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If Inate Scientific does not hear from You promptly, Inate Scientific reserves the right to defend such claim or suit and seek full recompense from You.
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, 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 and consistent with the remainder of the agreement.
No waiver of or by Inate Scientific shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
You acknowledge and agree that by agreeing to this Agreement electronically you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of 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”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PRODUCTS OFFERED BY THE OPERATOR OF THE WEBSITE.
This Agreement constitutes the entire agreement between you and Inate Scientific with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces any prior version of this Agreement.
MODIFICATIONS OF AGREEMENT
Inate Scientific reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Inate Scientific does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Inate Scientific in writing, these terms and conditions may not be amended by You.
If you have any questions, please call us toll-free at (855) 623-6670 Monday to Friday from 9:00AM to 9:00PM EST and Saturday from 9:00AM to 5:00PM EST.
You may also write to us at:
439 Manor Street
Columbia, PA 17512
© 2016 INATE SCIENTIFIC