WHAT INFORMATION WILL Biogix, Inc. COLLECT?
Biogix, Inc., through your interactions with our company, for example, when you purchase one of our products, participate in a survey, visit our website or enter one of our promotional contests, collects personally identifiable information from you (such as your name, address, telephone number or email address). In some cases, we may collect information online about you that is non-personally identifiable. Examples of this type of information include the type of internet browser you are using, the type of computer operating system you are using and the domain name of the website from which you linked to our website, promotion or advertisement.
HOW WILL BIOGIX, INC. USE AND DISCLOSE THE PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT?
If you use this website and create an account, you are responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account with the use of your password.
WHAT IF I DO NOT WANT MY PERSONALLY IDENTIFIABLE INFORMATION COLLECTED, DISCLOSED OR USED?
If you do not want your personally identifiable information collected, please either: (i) follow the procedures, where available, indicated at the point of collection to “opt out” so that your personally identifiable information is not collected; or (ii) where an “opt out” is not offered, do not submit personally identifiable information to us. If you have submitted personally identifiable information and wish to withdraw your consent to its retention, use or disclosure, please contact us at WeCare@biogix.com. You may withdraw your consent, subject to legal or contractual restrictions and reasonable notice.
Unsubscribe by clicking the link provided in the email message or email us at WeCare@biogix.com to remove yourself. Please allow up to 10 days for us to process your request.
Please note, if you opt not to receive marketing emails from Biogix, Inc., you may still receive “Transactional” email messages regarding your order (i.e. order confirmation, shipping information, customer service notifications, etc.).
TEXT MESSAGE OPT-OUT
TO STOP RECEIVING MOBILE ALERTS & PROMOTIONAL TEXT MESSAGES from Biogix, Inc., simply text “STOP” in response to any text message you receive from Biogix, Inc. Your number will be removed from our subscription list.
DIRECT MAIL OPT-OUT
To opt-out of receiving our direct mail, you may send us an email at WeCare@biogix.com or call us at (800) 222-3304.
TARGETED ADVERTISING – COOKIE OPT-OUT
“AMAZON PIXELS” – USE OF AMAZON REMARKETING AND CONVERSION PIXEL
This website uses Amazon remarketing and conversion pixels to help advertisers better reach their intended audience and measure the success of their advertising campaigns that are run through Amazon. Through the use of this service provided by Amazon, third-parties, including Amazon, may place and use pixels on this website to show interest-based ads to visitors to this website on sites across the internet. You can choose to opt out of receiving interest-based ads from Amazon by visiting the Amazon Advertising Preferences page or by visiting the Digital Advertising Alliance’s opt-out page.
WHAT ABOUT CHILDREN?
The materials used and displayed on the Site, including, but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks, and service marks, except where noted, are the property of Biogix, Inc. and are protected by copyright, trademark and other laws. The compilation of all content on this site is the exclusive property of Company and is protected by United States and international copyright laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to reproduce, modify, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the express written permission of Biogix, Inc.
When you visit the Site, purchase a product from the Site, or send e-mails to us, you are communicating with us electronically, and in turn, you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Biogix, Inc. will use reasonable efforts to include accurate and up-to-date information on this Site but makes no warranties or representations as to its accuracy.
The Site is provided on an “as is” basis without warranties of any kind, whether express or implied, including, but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by, and incapable of exclusion, restriction or modification under the laws applicable to this agreement. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Neither Biogix, Inc. nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, punitive or similar damages arising out of your access or use of, or your inability to access or use, the Site.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Communications or materials transmitted to the Site via the Internet are subject to alteration or interception by third parties. Although Biogix, Inc. will treat your information as confidential, we cannot guarantee absolute confidentiality.
Biogix, Inc. is pleased to hear from its customers and welcomes your feedback regarding its products and the Site. If you choose to communicate with Biogix, Inc., Biogix, Inc. may post your feedback of products, comments, suggestions, or other material, so long as the content of your submission is not unlawful, threatening, abusive, defamatory, invasive of privacy, obscene, inappropriately sexually explicit, fraudulent or otherwise deemed to be, in the sole discretion of Biogix, Inc. potentially objectionable to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your submission. Biogix, Inc. reserves the right (but not the obligation) to monitor, edit and remove any submission. By posting or sending us any submission, you grant Biogix, Inc. a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, publish, adapt, translate, create derivative works from, distribute, and display such submission throughout the world in any media. You also grant Biogix, Inc. the right to use the name you submit in connection with such submission. By posting or sending us a submission, you represent and warrant that you own or otherwise control all of the rights to the content in your submission, that the content you provide is true and accurate, and that use of the content in your submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify Biogix, Inc. against all claims and liabilities resulting from your submission. Biogix, Inc. does not take any responsibility and assumes no liability for any submission posted by you or any other person or entity.
The third party websites to which the Site links are not under the control of Biogix, Inc. Accordingly, Biogix, Inc. makes no representations concerning the accuracy, operation or content of those websites. Provision of the link is not an endorsement, authorization, sponsorship, or affiliation by Biogix, Inc.
Notice for California Residents. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Site, you may contact Biogix, Inc. in writing at 201 Continental Blvd. Suite 230, El Segundo, CA 90245, send an email to WeCare@biogix.com or call us at (800) 222-3304. In the event your complaint is not resolved, California residents may bring the complaint to the attention of The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
By using the Site you are agreeing to enter into an arbitration agreement with Biogix, Inc. regarding any disputes that may arise as a result of such use. Under this agreement, you and Biogix, Inc. agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between you and Biogix, Inc., including disputes against any agent or affiliate, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Biogix, Inc. agree that any question as to whether the dispute or any part of the dispute, between you and Biogix, Inc. is arbitrable is to be determined solely by the arbitrator using their discretion. You and Biogix, Inc. agree that the results of such arbitration shall be confidential unless disclosure is required for enforcement purposes or for a judgment to be entered thereon. If disclosure of the results is required for enforcement purposes or for a judgment to be entered thereon, then disclosure shall be limited to only the information necessary to accomplish such purpose.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award generally the same relief that a court can award. Under the terms of this agreement, if an arbitration proceeding is initiated, the arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879. If you initiate arbitration, Biogix, Inc. will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified Biogix, Inc. in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration may be awarded attorneys’ fees, costs, and reimbursement of filing fees. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Biogix, Inc. and may not preside over any kind of representative or class proceeding against Biogix, Inc… You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BIOGIX, INC. IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Last updated: 9/17/2018