Terms of Use
These Terms of Use ("Terms") are between Calgenex and "You", the person using Calgenex products, materials, web site and Customer Services department ("Services"). By using the Services you accept the Terms. We occasionally change these Terms, so please refer to the Terms of Use page on our website (www.calgenex.com) for changes.
Terms of Purchase
At the time you placed your order, you may have been offered and agreed to purchase the Services at a price that is not consistent with other Customers. Your Fee is the amount you agreed to pay at the time of purchase. At the time of purchase, you may have been offered an auto-ship and/or a one time plan of the Service. The Fee for the Service was stated to you at the time of purchase. The Fee is charged on the shipping date and if you chose an auto-ship plan the Fee will be automatically charged to the credit card you provide at the interval you agreed to at the time of purchase. You can cancel your auto-shipments at any time and have no further obligation. Cancellations must be made by telephone by calling 800-480-4416. If you chose the Value Price or the Deep Discount Price, the one-time Fee for the Service will be automatically billed, to the credit card you provided, upon the shipment of your order. If you used a credit card, you may be subject to a preauthorization at the time you place your order. The preauthorization is not a charge to the credit card. However, the then-applicable Deep Discount, Club or Value Price may be reserved against your available credit card limit. Contact your credit card issuing financial institution for details.
Guarantee
Each Product you purchase from Calgenex comes with a 30 day money back guarantee. If you are not satisfied with a Product, simply return the unused portion within 30 days from the date you received your Product. For Products purchased on an auto-ship plan, the guarantee only applies to first-time shipments. The money back guarantee does not apply to subsequent purchases of the same Product. Before a refund can be issued, Customers are required to contact Calgenex Customer Care at 800-480-4416 for return authorization and instructions. Calgenex will issue a refund for the original Product purchase price, less shipping and handling, within 10 to 15 business days (or 1 billing cycle) after receipt of your return Product.
Modification of Service
Calgenex reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Calgenex shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Privacy Policy
Registration, membership and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at www.calgenex.com.
Limitations
The Service is limited to individuals 18 years and older. Your order is solely for personal use and not for re-distribution. You agree that you will not access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, the Services or any portion thereof. Calgenex will not be liable for any loss or damage arising from such activities, and Calgenex reserves the right to terminate access to the Service, with or without notice.
Disclaimer of Warranties
You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Calgenex expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Calgenex makes no warranty that (i) the Service will meet your requirements, (ii) the results that may be obtained from the use of the Service by other Customers will be accurate or reliable, and (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations. No advice or information, whether oral or written, obtained by you from Calgenex or through the Service shall create any warranty not expressly stated in the terms of use.
Limitation of Liability
Calgenex is not liable for ANY damages of ANY kind that result from use of the Service. This applies to alleged liability on ANY basis, even if Calgenex has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions Calgenex' liability, if any, shall be limited to the extent permitted by law.
Indemnification
Upon a request by Calgenex, you agree to defend, indemnify, and hold harmless Calgenex and its affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorneys fees that arise from your use or misuse of this site. Calgenex reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Calgenex in asserting any available defenses.
Copyright
All content included on this site, including but not limited to text, graphics, logos, button icons, images, and audio clips, digital downloads, and data compilations, is the property of Calgenex and is protected by United States and international copyright laws.
Trademarks
Calgenex and other marks indicated on our site are registered trademarks of Calgenex or its affiliates and/or subsidiaries, in the United States and other countries. Calgenex and other Calgenex graphics, logos, page headers, button icons, scripts, and service names are trademarks of Calgenex. Calgenex trademarks may not be used in connection with any product or service that is not Calgenex, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Calgenex. All other trademarks not owned by Calgenex, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Calgenex.
Choice of Law and Forum
These Terms are governed by Florida laws. Any action to enforce or interpret them shall be brought and maintained exclusively in the Circuit Court of the State of Florida in Hillsborough County. The parties irrevocably submit to the jurisdiction of said court and waive all objections thereto and waive the right to remove such action to a Federal District Court.
Severability and Integration
Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between you and Calgenex and its affiliates with respect to this site and the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Calgenex with respect to the Service. If any part of these Terms of Use or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Notice of Change
Calgenex may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use.