Terms & Conditions
The website creativebioscience.com (hereinafter, “Site”) is owned and operated by Creative Bioscience. This website is for your personal, non-commercial use only. The Site is not intended to offer any medical advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a medical professional. While the Site offers information about Creative Bioscience supplements, consumers should always read the label before taking the purchased product and should consult a doctor before starting any diet or exercise program.
The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Creative Bioscience.
The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are either registered or unregistered Trademarks of Creative Bioscience or its affiliate(s) or used under license. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. The name Creative Bioscience or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of Creative Bioscience. Creative Bioscience prohibits use of its name or any logo and Trademarks as a “hot” link to any non-Creative Bioscience Site, unless establishment of such link is approved in advance by Creative Bioscience in writing. Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site, nor does it waive any of Creative Bioscience’s rights in such information and materials. Creative Bioscience will aggressively enforce its intellectual property rights to the fullest extent of the law.
Limited Right to Use
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
Site User Conduct
As a user of the Site, you agree that in connection with your use of the Site and the content you will not:
- Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site;
- Use the Site for any unlawful purpose;
- Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and/or confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Site, the services, the content or servers or networks connected to the Site, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, the services, and/or the content, the terms of which are incorporated herein;
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
Creative Bioscience or any of its affiliates is free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the Site without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the Site or other websites. Furthermore, by posting any information on our Site, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to display, use, reproduce or modify that information. Any information submitted on the Site is subject to our Privacy Statement, the terms of which are incorporated herein.
Disclaimer of Warranty
THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CREATIVE BIOSCIENCE 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 CREATIVE BIOSCIENCE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CREATIVE BIOSCIENCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, 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 SITE, EVEN IF CREATIVE BIOSCIENCE OR ANY CREATIVE BIOSCIENCE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 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.
The Site may provide links to other World Wide Web sites or resources. Creative Bioscience has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Creative Bioscience Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Creative Bioscience Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Creative Bioscience with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Creative Bioscience nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Site must be to creativebioscience.com. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from Creative Bioscience.
Choice of Law
By using the Site, you agree to comply with all applicable laws and regulations of the United States. The material provided on the Site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Creative Bioscience makes no representation that materials contained in the Site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
Copyright and Trademark Notices
All contents of the Site are: ©2018. All rights reserved.
All orders placed will be processed and shipped within one to two business days. All orders are shipped via USPS First Class unless otherwise specified.
1. 3-day right of cancellation: At any time until midnight on the 3rd business day after you receive the product, you may contact us to cancel your purchase and receive a full refund. To receive a credit without refusing the order, you must cancel the order on the same day in which you make it because we ship the order the next day.
2. Shipping and handling fees: You are responsible for all shipping and handling fees. We calculate these fees based on the actual or dimensional weight of your shipment and the type of shipping service that you specify (ground, air, or overnight). If you have any concerns regarding these fees, please contact us.
3. Creative Bioscience® proprietary products and services: All materials on this website and those of the products on this website, including their presentation, labeling,
and/or design, are the copy right and intellectual property of Creative Bioscience, LLC. You may not create, not introduce, not distribute, not substitute, not replace, not replicate, not compete, not interfere, not infringe, not solicit, and/or engage in any other unauthorized use with, of, for, from, and/or in these materials. Any such action would cause irreparable harm to Creative Bioscience, LLC, and constitute a material breach of these terms.
4. Typographical errors: If a product is listed with incorrect information regarding quantity, price, and/or description because of error by our suppliers, we receive the right to refuse or cancel any such orders, whether or not we have confirmed and charged your card. If we have already charged your card and we have canceled your order, we shall immediately issue a credit to your account in the amount of the charge.
5. Liability limitation: Creative Bioscience, LLC, its subsidiaries. or its affiliates shall not be liable for any indirect, special, incidental or consequential damages including loss of use, loss of data, loss of business, and/or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
6. Law, jurisdiction, and venue: The laws of the State of Utah govern the interpretation of these terms without giving effect to the choice of law provisions thereof. The Courts of the State of Utah possess exclusive jurisdiction over any and all disputes which may arise from these terms. The Third Judicial District Court, State of Utah, Salt Lake County, Salt Lake City Department, Small Claims Division, is the exclusive venue for any all legal, judicial, administrative, equitable, and/or any other claims which may arise from these terms.
7. Jury trial waiver: You and Creative Bioscience, LLC, agree to waive any and all rights you may possess to a trial by jury.
8. Creative Bioscience, LLC, 381 West Ironwood Drive, Salt Lake City, UT 84115, ATTN: Customer Support, Telephone Number 877-744-1224, Facsimile Number 801-904-3928, E-
mail: [email protected]ience.com
9. Integration clause: These terms constitute the complete and final terms, supersede all other agreements, is the full and exclusive statement of the terms, and may only be modified in an agreed writing by you and Creative Bioscience.