Effective: September 10, 2019
These Terms and Conditions amount to a binding agreement between you and Miletic Metabolics, LLC /dba/ Synergic or Synergic Supplements, a Michigan limited liability company (“Company”, “we”, “us”, or “our”) regarding your use of: (i) Our website, which is currently www.beSynergic.com, including any information contained thereon (“Website”), (ii) any products produced, manufactured, distributed, or sold by us (“Products”), and (iii) any services provided by us, in connection with the Website or otherwise (“Services”).
DISCLAIMER – MEDICAL
This Website does not provide any medical advice, nor do we. The information provided on this Website is for informational purposes only and is not intended to substitute the advice provided by your physician, healthcare professional, or medical provider, nor has any statement or claim been evaluated by the Food and Drug Administration (“FDA”). You should not use any of the information on this Website, or otherwise provided by us, or our Products or Services to diagnose or treat any health problem or suspected health problem or disease, nor should our Products be utilized as a medication or any other form of healthcare or treatment. Under no circumstances will we be liable for any loss, injury, or damage caused or incurred by your reliance upon the information obtained through the Website or otherwise from us or your use of our Services or Products to diagnose or treat a health problem or disease. Your use of the Website or our Products or Services does not create a professional-client or physician-patient relationship. Consult your healthcare provider or physician prior to using our Products. Do not use our Products if you have or suspect you have a medical condition, are taking any prescription medications, or are pregnant or nursing. This product is not intended for the use of minors under the age of eighteen (18). If at any time while using our Products you experience any adverse symptoms or reaction immediately stop taking that product and seek appropriate medical attention.
DISCLAIMER – DIETARY SUPPLEMENT CLAIMS
Any information, statements, or claims regarding any of our Products, or their ingredients, have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease.
BY AGREEING TO THESE TERMS, YOU ARE AGREEING TO RESOLVE ANY DISPUTE YOU MAY HAVE BETWEEN YOU AND US THROUGH BINDING ARBITRATION RATHER THAN IN COURT. SEE “DISPUTE RESOLUTION” FOR FURTHER DETAILS REGARDING ARBITRATION.
Agreement to Terms and Conditions.
By visiting our Website or using our Products or Services, you expressly acknowledge and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to be bound by these Terms, do not use, or continue to use, our Website, Products, or services.
You agree that we may modify these Terms, in our sole discretion, and that each modification shall become effective immediately upon posting of the modified Terms on the Website.
Use of Website, Products, or Services.
User Eligibility. You may only use our Website, Products, or Services if you are over the age of eighteen (18), capable of forming a legally binding contract with us, and are not otherwise barred from using the Website, Services, or Products by any law or court order or decree.
User Account. In order to use and access certain Services, you may be required to create a User Account. In the event that you do create a User Account, by doing so you expressly acknowledge and agree that you are creating the User Account voluntarily, and further acknowledge and agree that in so doing you are expressly prohibited from: posting untrue or inaccurate information, posting information, images, or intellectual property that you do not own or otherwise have license to, or that infringes on other’s rights thereto; engage in criminal conduct or conduct that may give rise to civil liability or would violate any law, rule or regulation; and attempt to infiltrate, impair or otherwise interfere with the Website, security, data, or network. By voluntarily creating a User Account you are acknowledging and agreeing that the information you provide is accurate, up-to-date, complete, and not misleading or untrue, otherwise we may suspend or terminate your User Account, in our sole discretion. You agree to not share your User Account, including your username or password, with anyone else, and to be responsible for all activities that occur under your User Account, regardless if you know about the occurrence of, or did not authorize, said activities. You agree to not share any coupon or promotional codes, if any, that are provided to you, and acknowledge and agree that if you do share or otherwise disseminate such coupons or promotional codes that we can suspend or terminate your User Account and to revoke, cancel, rescind, or otherwise terminate any Promo Codes (as defined herein below) that may be associated with you or your User Account.
Reviews, Feedback, Comments, Suggestions, or Other Information Posted on Website.
While we welcome your feedback, comments, suggestions, reviews, and other information about our Products or Services (collectively “Comments”), we reserve the right to review, edit, or otherwise remove same from our Website or other social media profiles or accounts. By providing your Comments, you are granting us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid royalty-free license, with full right to sublicense, use, copy, modify, change, alter, delete, or create derivative works therefrom, and to otherwise use and exploit the Comments as we deem fit and for any purpose, in our sole discretion. By providing or otherwise publishing Comments, you warrant that you own the rights of such Comments, so as to legally license the transfer of the Comments as provided herein, and further agree to indemnify and hold us harmless from any claims, lawsuits, or damages, including attorneys’ fees, that may arise from your Comments.
Purchase of Products.
You may purchase our Products from our online store, at traditional brick-and-mortal retail stores, or through other third-party online stores/retailers, which are purchased subject to the disclaimers provided in these Terms, on the product labels, or on the Website. All Products, prices, descriptions, or any other information related to the Products are subject to change at any time and without notice.
Product Descriptions. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. If a product offered by us itself is not as described, your sole remedy is to return it in unused condition according to these Terms.
Price. All prices are displayed on the Website in US Dollars (and may be displayed in your local currency depending on where you access the Website from) and may be subject to change at any time and without notice.
Payment. When you purchase a Product and make a payment through the Website (a “Sale”), you expressly authorize us, or our third-party payment processor, to charge you for the Sale. In order to complete the Sale, we may need to obtain additional information relevant and necessary to the Sale, including your credit card number, credit card expiration date, email address, billing address, mailing address, phone number, and zip code (“Payment Information”). By initiating or completing a Sale or otherwise providing your Payment Information you represent and warrant that the information is true and accurate, and that you have the legal right and authority to use the payment method provided. When you initiate the consummation of a Sale, you expressly authorize us to provide your Payment Information to any third-party payment processor(s) we may use to complete your Sale together with any applicable taxes and other charges, including shipping and handling. You may also be required to provide Personal Information to verify your identity to complete a Sale.
Shipping. The Products purchased through the Website will be shipped to the shipping address you provide at the time of the Sale. Please contact us directly for international shipping and consult with your local customs office/agent prior to placing your order, as we are not responsible for any taxes, duties, brokerages, delivery fees, or return postage applied to international shipments, if any. We are not responsible for any shipments that are refused, held for delivery, cannot be delivered, or lost during the shipping process, and will not issue refunds for any shipments that are refused, held for delivery, cannot be delivered, or lost during the shipping process. The risk of loss and title for any Products purchased from us pass to you upon our delivery to a shipment carrier.
Returns. All returns are handled in accordance with our Return Policy.
Disclaimer of Warranty – Limitation of Liability. Except as otherwise set forth herein, the information contained on the Website and our Products and services are provided AS IS without any guarantees or warranty of any kind. We make no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of noninfringement of third-party rights. We assume no liability or responsibility for any errors or omissions in the content of the Services or Website, that defects will be corrected, or that any Company site or the servers that make such materials available are free of viruses or other harmful components; any failures, delays, malfunctions, or interruptions in the delivery of any Content contained on the site; any losses or damages arising from the use of the content provided on the sites; or any conduct by users of the site, either online or offline. We do not warrant or make any representations regarding the use or the results of the use of the materials on any Services or the Website in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. No additional warranty is made as to our Products that is not otherwise expressly provided in these Terms or other published Warranty Terms, if any. Use of the product by you is at your own risk. In no event shall any representation or warranty, either express or implied, of any nature, nor any information provided by us, with respect to our Products or Services be considered a part of our terms and conditions of sale. You shall not distribute or furnish our Products to any other party and should you do so you assume all responsibility for any direct, indirect, special, incidental or consequential damages of any kind incurred by said party and you agree to fully defend and indemnify us from any claim. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
Offer Codes, Special Codes, Promotional Codes, Coupons, and Coupon Codes.
From time to time, we may provide or offer to you offer codes, special codes, promotional codes, coupons, or coupon codes (collectively “Promo Codes”) that are redeemable towards the purchase of Products on our Website. Such Promo Codes may be changed or cancelled at any time without notice, and are otherwise subject to expiration dates, minimum purchases, exclusions or any other terms, conditions, or restrictions as may be communicated and determined by us, in our sole discretion. Only valid Promo Codes offered by us will be honored and only if you honor the applicable terms, conditions, and restrictions of said valid Promo Code. Each such Promo Code is non-transferrable, valid for one single purchase on our Website, may not be used or redeemed in stores or through third parties, and has no cash value and cannot be redeemed for cash or a cash equivalent. Promo Codes cannot be used for non-Synergic products, shipping, taxes, or other fess or services, and may only be used for the purchase of our Products. We are not responsible for any lost or stolen Promo Codes or for the unauthorized use of Promo Codes, and we will not refund or credit the monetary value of the Promo Code used to purchase any returned product. Any and all Promo Codes remain subject to change or termination at any time without notice. We reserve the right to cancel, change, alter, or modify any program offered, including referral programs, whether or not such program utilizes Promo Codes, at any time and without notice.
These Terms and the use of the Website, Products, or Services are subject to the Privacy Notice published on the Website.
We are the owner of all of the content generated by us on our Website and social media accounts or pages, but we do not claim any ownership of any content generated by you the user of said Website and/or social media accounts or pages, and nothing in these Terms is meant to or shall be construed to limit your right to use any content generated by you. Subject to the foregoing, you are granting us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid royalty-free license, with full right to sublicense, use, copy, modify, change, alter, delete, or create derivative works therefrom, and to otherwise use and exploit any content, generated by you and published to our Website or other social media pages or accounts, as we deem fit and for any purpose, in our sole discretion. You acknowledge and agree that you are expressly prohibited from use of any and all content, other than content generated by you, without the express written consent of the content owner. The Website, is provided “as is.” We do not represent or warrant that the Website will be uninterrupted or error-free. There may be delays, omissions, interruptions, and inaccuracies. We disclaim, to the maximum extent permitted by law, any and all such representations and warranties, including, without limitation and to the maximum extent permitted by law, any and all: (a) warranties of merchantability or fitness for a particular purpose; (b) warranties against infringement of any intellectual property rights; (c) warranties relating to the transmission or delivery of Website; and (d) warranties relating to the accuracy, reliability, correctness, timeliness, or completeness of data on the Website or Products. There is no warranty that the Website or the Products will meet your needs or requirements or the needs or requirements of any other person. Under no circumstances, including, but not limited to, negligence, shall Company, its officers, directors, employees, attorneys or agents be liable (jointly or severally) for any direct, indirect, special, incidental or consequential damages of any kind, including, but not limited to, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or the inability to use the materials on the Website, even if Company or any Company representative has been advised of the possibility of such damages. If the applicable state does not permit the exclusion or limitation of incidental or consequential damages the above limitation or exclusion may not apply to you.
You hereby expressly agree to indemnify and hold harmless Company and its officers, managers, directors, members, shareholders, employees, agents, attorneys, and representatives from and against any and all claims, disputes, demands, liabilities, damages (including without limitation, actual, consequential, indirect, and incidental damages), losses, and costs and expenses (including without limitation, attorney fees, accountant fees, expert fees, and court costs) arising out of, related to, or in any way connected with your access to or use of the Website, Website content, Products, and/or Services, any content generated by you, your violation of these Terms, or otherwise related to your actions (or inaction) related to these Terms and your use or dissemination of the Website, Website content, Products, and/or Services.
Governing Law and Forum Selection
These Terms and any action related thereto will be governed by and subject to the laws of the State of Michigan, without regard to its conflict of law provisions, and any proceeding hereunder will be governed by the Rules of Arbitration promulgated by the American Arbitration Association. Except as otherwise expressly set forth in “Dispute Resolution” the exclusive jurisdiction for any and all “Disputes” (as defined below) that you or us are not required to arbitrate, will be the state and federal courts located in the State of Michigan, and you and us each expressly waive any objection to jurisdiction and venue in such courts.
Mandatory Voluntary Binding Arbitration. You and us (the “Parties”) each hereby expressly acknowledge and agree that any dispute, claim, or controversy related to or arising out of these Terms, or the breach, termination, enforcement, interpretation, validity, or modification of these Terms, the purchase, use, or sale of our Products, Services, Privacy Notice or Policies, or Website (collectively the “Disputes”) shall be submitted to and resolved by binding, individual arbitration (the “Arbitration”), in accordance with the laws of the State of Michigan and the Rules of Arbitration promulgated by the American Arbitration Association (“AAA”).
Conduct of Arbitration. The Arbitration will be conducted by AAA and in accordance with AAA’s Consumer Arbitration Rules (“Arbitration Rules”). Any Arbitration must be initiated only by written demand to AAA, with appropriate notice to the other party as specified in the Arbitration Rules. Arbitration claims for less than Ten Thousand and 00/100 US Dollars ($10,000.00) may be submitted and decided on the documents, by telephone, or in person as provided in the Arbitration Rules. For Arbitration claims in excess of Ten Thousand and 00/100 US Dollars ($10,000.00) the right to and manner of hearing will be governed by the Arbitration Rules. The location of any hearing will be in Wayne County, Michigan, unless the Arbitration Rules mandate a different location. The Parties agree that the arbitrator shall have the exclusive authority to decide all issues related to the Disputes and that said decisions shall be binding and are not subject to appeal.
Arbitration Costs and Attorney Fees. Payment of all filing, administration, arbitration, and arbitrator fees will be governed by the Arbitration Rules, including the payment of attorney fees and costs, if any, of the prevailing party, which the arbitrator may award, in the arbitrator’s sole discretion, as more fully provided in the Arbitration Rules.
Class Action Waiver. THE PARTIES (YOU AND COMPANY) AGREE THAT EACH MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR CLASS REPRESENTATIVE IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If a parties’ disputes or claims are resolved through arbitration, the arbitrator may not consolidate any other person’s claims with your claims, may not preside over any other person’s claims wherein we are a party or over any form of a representative or class proceeding. If this provision is deemed unenforceable then the entirety of this Dispute Resolution section of these Terms shall be deemed to be null and void and of no further force or effect.
The Terms contain the entire agreement of the Parties regarding the Products, Services, and Website, and supersede and replace any and all oral or written agreements among the Parties. With the exception of the Class Action Waiver provided immediately above, if any provision or clause of these Terms is deemed invalid or unenforceable by an arbitrator or court of competent jurisdiction the remainder of that provision or clause will continue to be enforceable to the fullest extent allowed by law and the remainder of the Term will otherwise remain in full force and effect. Our waiver of any provision or clause, or failure to enforce any rights hereunder shall not constitute or otherwise be considered a waiver of any other provision or clause of these Terms. Any notice to be given, or required by these Terms, shall be delivered: if by you, via email, and if by us by email or by posting to our Website.