GENERAL TERMS OF USE
This site is to be used by you for your personal use only. Please review the following terms of use ("Agreement") that govern your use of functionalab.com, the shopping and other services (the "Services") offered on our site. This Agreement governs your use of the Services offered on functionalab.com, including participation in any public areas, such as social networking, chat rooms, review areas or bulletin boards (the "Public Areas") provided by functionalab.com. Please read the requirements of this Agreement carefully. Your use of and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit functionalab.com.
CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE
Functionalab reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. Functionalab also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of functionalab.com, which may be posted in the relevant parts of functionalab.com, and will be clearly identified. Your continued use of functionalab.com constitutes your agreement to comply with these additional rules.
SUSPENSION OR TERMINATION OF YOUR USE
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Functionalab’s other products. Functionalab further reserves the right to terminate, without notice, any user's access to or use of functionalab.com for any reason.
TERMINATION
Functionalab reserves the right without notice, at any time and for any reason, to terminate functionalab.com or any portion thereof or any products or Services offered through functionalab.com. You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination.
OWNERSHIP OF THE SITE AND SITE INFORMATION
functionalab.com is expressly owned and operated by Functionalab. Unless otherwise noted, the design and content features on functionalab.com, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site Information") are owned by Functionalab or its affiliates or are licensed from third party service providers by Functionalab. The site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
SITE INFORMATION IS PROVIDED "AS IS"
Site Information is provided "as is" with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. functionalab.com may change, delete or update any Site Information at any time and without prior notice.
USE OF THE SERVICE BY YOU
You may view and use the Site Information only for your personal information and for shopping and ordering on functionalab.com. Except as set forth in this Agreement, functionalab.com does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the site and the Services is personal to you -- you may not authorize others to use the site and the Services, and you are responsible for all use of the site and the Services by you and by those you allow to use, or provide access to, the site and the Services. You agree to use the site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
NON-COMMERCIAL USE ONLY
functionalab.com is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information, or the site for any purpose. You agree not to make unauthorized use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Functionalab. Illegal and/or unauthorized uses of the site, including efforts to collect usernames and/or email addresses of users, by electronic or other means, for the purpose of sending unsolicited email and unauthorized framing of or linking to the site, will be investigated and appropriate legal action will be taken including, without limitation, civil, criminal and injunctive redress.
ELIGIBILITY TO USE THE SITE AND THE SERVICES
The site and the Services are not intended for users under the age of 18. To register for any Services offered on functionalab.com, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use functionalab.com in conjunction with your parents or guardians. Functionalab does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to Functionalab. If a child under 13 submits information through any part of functionalab.com, and Functionalab becomes aware that the person submitting the information is a child, we will delete this information as soon as possible.
UNACCEPTABLE CONTENT
You agree not to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Functionalab will fully cooperate with any law enforcement authorities or court order requesting or directing Functionalab to disclose the identity of anyone posting any such information or materials. We reserve the right to block access to any address from this website.
USE OF CONTENT SUPPLIED BY YOU
For information regarding use of personal information you provide or communicate to Functionalab, please see our Privacy Policy. By posting Content or engaging in any other form of communication through functionalab.com, you grant Functionalab, and represent and warrant that you have the right to so grant a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit and distribute such Content or communication and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing, for any purpose, including commercial purposes.
CONTENT POSTED BY USERS IS NOT ENDORSED BY FUNCTIONALAB
Functionalab does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on functionalab.com. Any Content placed on functionalab.com, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Functionalab or its third party service providers. Functionalab reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on functionalab.com, at its sole discretion, without notice. You agree that Functionalab and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to functionalab.com by others, including Unacceptable Content that violates this Agreement.
INDEMNIFICATION
You agree to indemnify Functionalab and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities, including attorneys fees, which may arise from your Content submissions, from your unauthorized use of the Services or Site Information obtained through functionalab.com, or from your breach of this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, FUNCTIONALAB, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. FUNCTIONALAB, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF FUNCTIONALAB.COM.
FUNCTIONALAB, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT; THE PROVISION OF SERVICES HEREUNDER; THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH FUNCTIONALAB.COM; YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES; YOUR USE OF OR RELIANCE ON THE SERVICES; THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO FUNCTIONALAB.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE FUNCTIONALAB, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
THE SECURITY OF FUNCTIONALAB.COM
We maintain physical, electronic, and procedural safeguards and personnel policies that are designed to guard functionalab.com, our systems and our customers' personal information. For example, for the security of your online visit to functionalab.com, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Functionalab cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided us when you registered with functionalab.com.
ELECTRONIC COMMUNICATIONS
When you visit functionalab.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on functionalab.com. You agree that all agreements, notices, disclosures and other communications that we provide you, electronically, satisfy any legal requirements that such communications be in writing.
JURISDICTION AND GOVERNING LAW
Functionalab makes no representation that the Site Information, the Services or products offered through functionalab.com are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through functionalab.com, do so of their own initiative, and are responsible for compliance with local laws, to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Northern New York. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
TRADEMARK NOTICE
The FUNCTIONALAB, FUNCTIONALAB BEAUTY-NUTRITION, FUNCTIONALAB USA, FUNCTIONALAB INC. www.functionalab.com names and logos are trademarks of FUNCTIONALAB. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
FUNCTIONALAB
75 Queen St. #1400
Montreal, Quebec
H3C 2N6 Canada
HEALTH RELATED INFORMATION
The information contained in the website is provided for informational purposes only and is not meant to substitute the advice provided by your doctor or other healthcare professionals. You should not use the information available on, or through the website, (including, but not limited to, information that may be provided on the website by healthcare or nutrition professionals employed by or contracting with Functionalab) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration, and are not intended to diagnose, treat, cure, or prevent any disease. You should carefully read all product packaging prior to use. The personal information collection in our Personalized Nutrition Program questionnaire will remain confidential and will not be shared with any third party. This information will be securely stored and used solely for purposes related to your Personalized Nutrition Program.
*These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose treat, cure or prevent any disease.
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