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TERMS OF USE

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING CELLB9.COM AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

Last modified on November 15, 2017.

 

Your Agreement to Terms of Use

 

This website, cellb9.com (“Website”), is operated by PreveCeutical Medical Inc. (“PreveCeutical” or the “Company”).  This Website provides, among other things, articles, publications, information, data, text, graphics, product information, and the ability to purchase products (the “Content”).  This Website is made available to you subject to your compliance with these terms and conditions of use and the terms and conditions of the PreveCeutical Privacy Policy (collectively, the “Terms”).  By accessing or using this Website, you agree to be bound by, and comply with, the Terms and represent that you understand and can agree to the Terms.  If you do not agree with any of the Terms you are not authorized to access or use this Website or use any of its services, including, without limitation, the ordering of any product.

 

No Professional Advice

 

This Website is not intended to be a comprehensive or detailed statement concerning the matters addressed including medical, legal or any other kind of advice.

 

Information provided on this Website including, without limitation, information regarding CELLB9® and its potential suitability for treating different diagnoses is provided as general information.  Information provided on this Website is not intended to be medical advice, nor is it intended to replace the need to consult a healthcare provider.  You should seek appropriate, qualified professional advice before acting or omitting to act based upon any information provided on or through this Website.

 

Permitted Access

 

This Website may be used only by persons who are at least the age of majority under applicable law and are legally capable of entering into a binding contract.  This Website may not be used by persons in jurisdictions where access to or use of this Website or any part of it may be illegal or prohibited.  This Website will only be used for lawful purposes and not for any unauthorized purpose or in contravention of any applicable law or regulation.

 

Availability, Errors and Inaccuracies

 

In order to provide exceptional service, and accuracy, PreveCeutical regularly updates the products and services on the Website.

 

PreveCeutical cannot and does not guarantee the accuracy or completeness of any information on the Website, including prices, product images, specifications, availability, and services.  The Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Despite PreveCeutical's best efforts, the products or services available on the Website may contain errors regarding the price, be inaccurately described, or be unavailable.  PreveCeutical reserves the right to limit sales of the products or services to any person, geographic region or jurisdiction.  PreveCeutical may exercise this right on a case-by-case basis.  The Company also reserves the right to limit the quantities of any products or services that it offers.

 

The Company may experience delays in updating information on the Service and in our advertising on other websites.

 

Purchases

 

If you wish to purchase any product or service made available through the Website (a “Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

 

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

 

PreveCeutical reserves the right to limit, refuse or cancel your order at any time and to any person, geographic region or jurisdiction.  PreveCeutical may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order.  PreveCeutical reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.  PreveCeutical may exercise this right on a case-by-case basis.

 

PreveCeutical does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.  The Company will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

 

Accuracy of Billing and Account Information

 

When you place an order with us, you must provide us information that is accurate, complete, and current at all times.  Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.  Changes to such information may be made by emailing cellb9@preveceutical.com.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

 

IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT PREVECEUTICAL MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

 

Returns

 

PreveCeutical can accept returns of its products purchased directly from the Website and in accordance with the return restrictions below.  Please note that a 20% restocking fee will be deducted from the Purchase total refund.

 

Although the Company strives to minimise processing times, refunds may take up to 45 business days to process upon receiving the product and all required information.  For all product returns, the original packing slip along with a detailed note is required to be considered for reimbursement.  You are solely responsible for shipping and any tracking information associated with the return of that product.  We encourage you to purchase tracking information for your own insurance.  We do not process returns on products that have not been received by our warehouse.  Please note that we may not have the ability to track your return nor are we responsible for the amount of time it takes for the item to be returned.

 

Return Restrictions

 

To be considered for a refund or exchange, the return must be requested within seven days of your receipt of the product (delivery to the mailing address or email inbox as required).

 

To request a refund or exchange, please email cellb9@preveceutical.com.  In all cases, refunds will be made ONLY to the original form of payment.  It may take up to two (2) billing cycles for the refund credit to appear on your statement.  Some restrictions apply including: (i) PreveCeutical cannot process returns marked “Return to Sender”, (ii) shipping costs are non-refundable, (iii) you are responsible for shipping costs associated with returning the product, and (iv) product refund requests will only be considered if the product is unused, unopened, and in the original packaging.

 

Intellectual Property

 

Copyright© 2017 PreveCeutical Medical Inc.  All rights reserved. 

 

This Website, including all of the Content, is the property of PreveCeutical or property which PreveCeutical has obtained the permission of the owner of the intellectual property in such content to use the content on this Website, and is protected by Canadian and international copyright, trademark, and other laws.

 

The following trademarks and all script and design variations thereof are trade-marks of PreveCeutical:  PREVECEUTICAL, CELLB9 and NATURE IDENTICAL.  The names of all other products and services mentioned on this Website are the trademarks, trade-names or service marks of their respective owners.  The use of trademarks, trade-names or service marks on this Website does not convey or create any license or other rights in these marks or names.  Any unauthorized use of them is strictly prohibited.

 

Limited License

 

PreveCeutical grants you a limited license to access this Website, display on your computer, print, download and use the text, graphics, audio and video clips and other content made available on this Website, for lawful, non-commercial, personal or educational purposes only, provided that you do not modify such content, and you include with and display on each copy of such content the associated copyright notice.

 

No Advertising

 

You are not permitted to use the Website, its content or its services for the purpose of advertising or for the purpose of displaying information in connection with any commercial activities, services or products, except as expressly provided in the Terms or otherwise agreed to by PreveCeutical in writing.

 

Third Party Links

 

This Website may contain links to third party websites or services that are not owned or controlled by PreveCeutical.

 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.  You acknowledge and agree that PreveCeutical shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

 

PreveCeutical strongly advises you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

 

Indemnification

 

You agree to indemnify, defend and hold harmless PreveCeutical, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands, including reasonable attorneys’ fees, made by any third party due to or arising in any way from, related to or in connection with your use of this Website including in connection with any products or services offered through this Website, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials or Content on or through the Website by you.

 

Disclaimer of Warranties

 

PREVECEUTICAL MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND AS REGARDS THIS WEBSITE OR THE CONTENT.  ANY PURPORTEDLY APPLICABLE WARRANTIES, TERMS AND CONDITIONS ARE EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW.  ACCESS TO, AND USE OF, THIS WEBSITE IS AT YOUR OWN RISK.

 

This Website and the Content are provided “as is” without warranties, representations or conditions of any kind, either expressed or implied.  Neither PreveCeutical nor any PreveCeutical personnel makes any representation, warranty or condition of any kind, including, but not limited to the accuracy, quality, reliability, completeness, currency, timeliness, merchantability, fitness for a particular purpose or noninfringement of intellectual property or related rights, of this Website or the Content.  Neither PreveCeutical nor any PreveCeutical personnel assumes any responsibility for any errors, omissions or inaccuracies on this Website or the Content.

 

You assume all risks in the transmission of any materials, data or information to and from PreveCeutical, including any interception by third parties.  PreveCeutical does not represent, warrant or guarantee that this Website or the Content is compatible with your computer systems or that this Website or the Content is or will be free of viruses, disabling devices, worms, or Trojan horses or other code with harmful effects.  You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any repairs, service or connections of and to your computer system that may be necessary as a result of your use of this Website or the Content.

 

Limitation of Liability

 

PREVECEUTICAL DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THIS WEBSITE.  IN NO CASE SHALL PREVECEUTICAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, GOODWILL, OTHER INTANGIBLE LOSSES, OR ANY SIMILAR DAMAGES, ARISING FROM (I) YOUR USE OF ANY OF THE WEBSITE, THE CONTENT OR ANY SERVICE OR PRODUCT PROCURED USING THE WEBSITE; (II) YOUR INABILITY TO ACCESS OR USE THE WEBSITE; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE WEBSITE; (IV) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; AND (V) THE UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS, WHETHER BASED ON WARRANT, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT PREVECEUTICAL OR ANY PREVECEUTICAL PERSONNEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Modification

 

PreveCeutical reserves the right to modify these Terms at any time.  Accordingly, you should review the Terms regularly.  By accessing or using this Website after any such modification, you agree to be bound by and comply with the Terms then posted.  If you do not agree to be bound by any such modification, you must cease accessing and using this Website.

 

Termination

 

PreveCeutical may terminate or suspend access to this Website without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

 

All provisions of the Terms shall survive termination.

 

General Provisions

 

The Terms, including any documents referenced herein, constitute the entire agreement between PreveCeutical and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PreveCeutical with respect to this Website or the Content.

 

A printed version of the Terms and of any notice given in electronic form will be admissible in judicial, administrative or arbitral proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Any failure by PreveCeutical to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provisions or rights. 

 

Severance

 

Each provision of the Terms shall be constructed separately and independently. The effectiveness of these Terms shall not be impaired if any provision of the Terms should be completely or partially void, invalid or unenforceable.  In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms, so that the Terms remain in full force and effect.

 

Governing Law

 

The interpretation, validity, effect and enforcement of the Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada, as applicable.

 

These laws apply to the access and use of this Website or the Content by you, notwithstanding any conflicts of laws principles, your domicile, residency or physical location, or the location of the PreveCeutical office or any PreveCeutical personnel with whom you may communicate or deal.  This Website and the Content are intended for use only in jurisdictions where they may lawfully be provided for use.

 

Dispute

 

You irrevocably agree that all disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc.  The place of arbitration shall be Vancouver, British Columbia, Canada.  The language of the arbitration shall be English. 

 

In the event that PreveCeutical determines that any breach or other violation of the Terms, or any violation of the intellectual property, privacy or other rights of PreveCeutical or any PreveCeutical personnel, does or will result in immediate or irreparable harm to PreveCeutical or the applicable PreveCeutical personnel, PreveCeutical and the applicable PreveCeutical personnel may seek relief in the way of interim, temporary and permanent injunctions and such other and further relief as a court may deem just and proper.