Terms and Conditions
Please consult with your physician or other healthcare provider if you have health-related questions before using Bio•Plete™ or any of our products (the “Products”) or relying on any information you obtain on this Website (as defined below). You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements or our Products. The Products, and the statements on or about the Products, have not been evaluated by the Food and Drug Administration. Our Products are not intended to diagnose, treat, cure or prevent any disease. [THE FOREGOING PARAGRAPH SHOULD ALSO BE INCLUDED ON THE PAGE ADVERTISING THE ACTUAL SALE Bio•Plete™].
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ANY PRODUCTS DEPICTED ON THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
YOU ACKNOWLEDGE THAT YOUR AGREEMENT TO ACCEPT THESE TERMS AND CONDITIONS IS SUPPORTED BY REASONABLE AND VALUABLE CONSIDERATION, THE RECEIPT AND ADEQUACY OF WHICH ARE HEREBY ACKNOWLEDGED. YOU ACKNOWLEDGE THAT SUCH CONSIDERATION INCLUDES BUT IS NOT LIMITED YOUR USE OF THE WEBSITE, THE WEBSITE’S SERVICES, AND RECEIPT OF DATA, MATERIALS AND INFORMATION AVAILABLE AT OR THROUGH THE WEBSITE, THE POSSIBILITY OF OUR USE OR DISPLAY OF USER COMMUNICATIONS (AS DEFINED IN SECTION 9) AND THE POSSIBILITY OF THE PUBLICITY AND PROMOTION FROM OUR USE OR DISPLAY OF USER COMMUNCATIONS.
- Products, Content and Specifications. All features, content, specifications, Products and prices of Products and services described or depicted on this Website, www.bioplete.com (this “Website”), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Ethos Holding Corp. d/b/a Ethos Laboratories, Ethos Research & Development, LLC (collectively, “Ethos”) and Second Round, Inc. (“Second Round”), which operates this Website pursuant to agreements with Ethos (Ethos and Second Round, collectively, “we” or “us”), make all reasonable efforts to accurately display the attributes of the Products. The inclusion of any Products or services on this Website at a particular time does not imply or warrant that these Products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
- Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. For example, a Product included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or service. We reserve the right, without prior notice, to limit the order quantity on any Product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
- Use of this Website. The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Website are the property of Second Round. The contents of this Website are the property of Ethos or its respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
- Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Ethos and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners, including Second Round and its affiliates. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Ethos, Second Round or such other owner.
- Linking to this Website. Creating or maintaining any link from another Website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
- Third Party Links. From time to time, this Website may contain links to websites that are not owned, operated or controlled by Ethos, Second Round or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
- Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- User Information. Other than personally identifiable information, which is subject to this Website’s Privacy Statement and incorporated herein by reference, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. You agree that all User Communications are truthful, that you have obtained the consent of anyone appearing in any User Communications with you, and that any User Communications will not infringe on or violate the rights of any person or entity. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Communications, whether solicited or unsolicited, you agree that you are granting us and our respective affiliates and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Communications for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms and Conditions are later modified or terminated, without any compensation to you.
- DISCLAIMERS. YOUR USE OF THIS WEBSITE AND THE PRODUCTS ON THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, PRODUCTS, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ETHOS, SECOND ROUND, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER ETHOS, SECOND ROUND, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- LIMITATIONS OF LIABILITY. Neither Ethos nor Second Round assumes any responsibility, or will be liable, for any: (i) damages caused by or arising from the Products; or (ii) damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL ETHOS OR SECOND ROUND, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE PRODUCTS, ANY PRODUCTS PURCHASED, MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
- Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.
- Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Ethos or Second Round to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the federal or state courts having jurisdiction over Hamilton County, Ohio. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Termination. 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. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
- HEALTH RELATED INFORMATION. The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. 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 professionals employed by or contracting with Ethos) 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 READ CAREFULLY ALL PRODUCT PACKAGING PRIOR TO USE.
- Indemnity. You agree to indemnify and hold Ethos and our parents, affiliates (and their licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
- Domestic Use; Export Restriction. We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any Products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
- General. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us by mail at 29 East 6th Street, Suite B, Newport, Kentucky, 41071, or telephone at 844-836-9133.
These Terms and Conditions were last updated on Last Updated: August 30, 2016.
Ethos respects the privacy needs and concerns of our customers. That is why how we handle any personal information, such as your name, address, email address or phone number (“Personal Information”) that you provide is important to us. To earn your trust, we respect your privacy in handling Personal Information relating to you and your transactions with us through our website (“Website”). This Privacy Statement describes the Personal Information we gather about you, what we do with it, the safeguards we have in place to protect it, and how you can control our use of it. By using the Website, you as the user agree, without limitation or qualification, to be bound by this Privacy Statement.
When you provide Personal Information to our Website, you are consenting to the manner in which Ethos will collect, use, disclose and otherwise manage your Personal Information, as set out below.
Who May Use the Website
The Website is not intended or designed to attract users under the age of 18. We do not collect Personal Information from any person we know to be under the age of 18. If you are under 18, we ask that you not send us any Personal Information. The Website is intended for users from the United States and those not governed by privacy policies of other countries. Users from the European Union are advised not to disclose Personal Information to Ethos. Information sent to us will be housed on servers located in Kentucky, in the United States. Do not send us information unless you consent to the application of U.S law and to the use and disclosure of your information consistent with this Privacy Statement.
Collection and Use of Personal Information
We may collect Personal Information that you provide us when you:
- Purchase, order, return, exchange or request certain information about our products and services;
- Contact us via email;
- Visit our Website;
- Provide us with comments or suggestions.
Purchasing Products from Ethos
If you use a credit or debit card for any of your purchases, we will collect your credit or debit card information and keep a history of your purchases. We use this information to process your orders and to better assist you when you visit or call us. We may also ask for your zip code as well, to help us improve our product and service offerings to your area. When you return a previously purchased product or request a refund or exchange, you may be asked to give your name, address, phone number and show information that identifies you, such as your driver’s license. We collect this information to help prevent fraud.
When you call us about a product, delivery, billing question or for customer service, you may be asked for Personal Information that identifies you along with additional information we need to help us promptly answer your question, such as your name and address and a phone number where we might contact you. We may retain this information to assist you in the future.
Disclosure of Personal Information
We may enter into marketing relationships with advertisers or other companies that provide products or services that we believe may be of interest to Ethos customers. We may share your Personal Information with those marketing partners in order to help them send you information that we believe will be of interest to you. We may share non-identifiable aggregated information with these companies. We will not disclose your telephone number, credit card account information or e-mail address for these purposes. We may also provide Personal Information to any of our affiliated businesses.
Sale of Business
In the event that Ethos or some of our assets are sold or transferred or used as security, your Personal Information may be transferred to third parties as part of that transaction.
Disclosures of Personal Information in Legal Proceedings If Ethos or any of our service providers is requested by law enforcement officials or judicial authorities to provide Personal Information on individual users, Ethos or the applicable service provider may, without your consent, provide such information. In matters involving claims of personal or public safety, Ethos or the applicable service provider may provide your Personal Information to appropriate authorities without your consent or court process. Ethos or our service providers also will provide your Personal Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving Ethos, the applicable service provider, or otherwise as required by law. We may also disclose Personal Information to assist in debt collection where you owe a debt to us.
Access to Personal Information
You may request access to the Personal Information that we have about you. For further instructions on accessing the Personal Information that Ethos may have about you, please see the “Contacting Us” section of this Privacy Statement.
Information Sharing Disclosure Requests
If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom Ethos or any of our affiliates has shared the Personal Information we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us at 29 East 6th Street, Suite B, Newport, Kentucky, 41071 or by telephone at 844-836-9133. We will try to respond to your request for a Notice of Information-Sharing Disclosure within thirty (30) days.
Visiting Our Website
In general, you can visit our Website without telling us who you are or providing us with any information. However, we collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to monitor and improve our Website.
Our Website uses a technology called “cookies”. A cookie is a tiny element of data that our Website can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. All pages on our Website where you are prompted to log in or that are customizable require that you accept cookies. Cookies are also required to optimize your shopping experience in that they allow you to add multiple items to your shopping basket before checking out. You may set your web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from our Website, you will limit the functionality we can provide when you visit our Website. We also use our own cookies to improve the performance of our advertising on other websites.
Security of Personal Information We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. We also are committed to employing reasonable technology in order to protect the security of our Website. However, even with the best technology, no website is 100% secure. We will take reasonable measures which we believe are appropriate to protect your Personal Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer such information to take comparable steps to protect that security.
When you place orders on our Website, all of your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Website from capturing and viewing your Personal Information. Since any order information you provide to us on our Website will be transmitted using a secure connection, if your web browser cannot support this level of security, you will not be able to order products through our Sites. The most recent versions of Netscape Navigator™ and Microsoft Internet Explorer® can support a secure connection and can be downloaded for free from the Netscape and Microsoft website respectively.
Our Privacy Statement and Outside Links
Privacy Statement Modifications
From time to time we may modify or amend this Privacy Statement in order to comply with new laws or regulations or to reflect future changes in our business practices. Any changes in our policies will be communicated in this page so please check back on occasion. We also may post a notice on our Website or send an email describing the changes.
If you have any questions about our handling of Personal Information, please contact us by mail at mail at 29 East 6th Street, Suite B, Newport, Kentucky, 41071, or telephone at 844-424-6753.
Last Updated: August 30, 2016