WEB SITE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY
1. Introduction and Definitions
The Lipogenbio.com web site is owned and operated by Lipogen U.S. Inc. (“Lipogen”). This web site,
including its related Lipogen site links (collectively the “Site”) is for your personal use and information.
2. Terms
By accessing this website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials in the web site are protected by applicable copyright and trade mark laws.
3. Shipping Limitations
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site 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.
4. Use of this website
The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site 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. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site 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.
5. Trademarks
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are
registered and unregistered trademarks, trade names and service marks of Lipogen U.S. Inc. and its
affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, and its affiliates. You are granted a non-exclusive, revocable, and limited license to access and use the Site and its content in accordance with these Terms and Conditions. Nothing contained on this Web Site 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 Web Site without the written permission of Lipogen U.S. Inc. or such other owner.
6. Third Party Links and Web Sites
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. This convenience should never be considered an endorsement by Lipogen of these websites or of the companies that own or manage them. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. Please be aware that when you click on one of the links provided on the site, you may be leaving http://www.Lipogenbio.com to enter another site on the Worldwide Web.
7. DISCLAIMERS
THE MATERIALS ON THE LIPOGEN WEB SITE AND THE PRODUCTS SOLD TO YOU ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. LIPOGEN U.S. INC. MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
FURTHER, LIPOGEN U.S. INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR THE PRODUCTS SOLD TO YOU OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
Lipogen does not warrant that the Site will be error-free or available on an uninterrupted basis. The Site may have omissions, delays, interruptions and inaccuracies in the information, data, news or other content or materials available via the Site. Lipogen is not responsible for the availability or content of any other services that may be linked to the Site. Lipogen does not make any representations and does not endorse the completeness, accuracy, reliability or timeliness of any opinion, advice, statement or other content or database that is displayed, uploaded or distributed on the Site or available via any of the links on the Site. Lipogen reserves the right to correct any errors or complete any omissions on the Site. Although Lipogen intends to take reasonable steps to prevent viruses or other destructive materials from being introduced to the Site, Lipogen does not guarantee or warrant that the Site or materials that may be downloaded from the Site do not contain destructive features such as these. Lipogen is not liable for any harm or damage attributable to such features. If you choose to rely on the Site and any materials or content available through the Site, you do so solely at your own personal risk.
8. Limitations
In no event shall Lipogen U.S. Inc. or its suppliers be liable for any damages (including, without
limitation, consequential, special, incidental, direct, indirect, exemplary, or punitive damages or
damages for loss of data or profit, breach of our online privacy policy, breach of these Terms and Conditions of Use, or due to business interruption) arising out of the use or inability to use the materials on Lipogen U.S. Inc.’s Internet site, Lipogen U.S. Inc.’s use of information you provide, the products sold to you, or any other claim you may have, even if Lipogen U.S. Inc. or a Lipogen U.S. Inc. authorized representative has been notified orally or in writing of the possibility of such damage and regardless of the theory of liability giving rise to such claim whether negligence, contractual, tort, strict liability or otherwise. Because some states or jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
9. Intellectual Property
All trademarks, text, graphics, images, logos, designs and other content (“Content”) on the Site are the property of Lipogen and its subscribers, partners or content providers, unless otherwise specified, and are, or may be subject to the protection of U.S. copyright and trademark laws and international treaties, all rights reserved. No Content may be copied, reproduced, republished, posted, transmitted, uploaded or distributed in any way. No Content may be disassembled or reverse engineered, except with the prior written permission of, and with express attribution to Lipogen or as otherwise indicated on the Lipogen Site. Product retailers and wholesalers using http://www.Lipogenbio.com may download pages or other Content for their own express use, consistent with the mission and purpose of the Lipogenbio.com website. Modification of the Content or use of the Content for any other purpose is a violation of Lipogen’s or other sources’ copyrights, trademarks and other proprietary rights. The use of any such Content on any other website or networked computer environment is prohibited without Lipogen’s express consent.
Lipogen owns all the rights, title and interest in any of the Content (and any and all elements of the
Content thereof) and any copies of the Content thereof throughout the world in any and all media
currently known or developed hereafter. As a site user, you may not do anything that may hinder or
impair Lipogen’s rights, title or interest in such Content.
If you locate a trademark or copyright infringement on the Lipogen Site, please contact [email protected].
Please provide the following in your correspondence: (a) the identification of the Content or material
allegedly infringed; (2) the location of the material that allegedly infringes; (c) your personal contact
information (name, email, phone number); (4) your statement that you believe in good faith that use of the material in the manner used is not authorized by the owner of the copyright, its agent or law; and (5) a statement that the information reported in your correspondence is both accurate and under the penalty of perjury, you are the copyright or trademark owner or are authorized to act on behalf of the trademark or copyright owner.
10. Territorial Use Restrictions and Site Jurisdiction
The Site is managed by Lipogen U.S. Inc. in the U.S. Lipogen makes no representation that the Content on the Site is appropriate or available for use in other locations or that the Site complies with any applicable laws outside the U.S. People who choose to access the Site from locations outside the U.S. do so solely at their own initiative and their own risk, and are solely responsible for complying with laws in their country, state, city or district.
These Terms and Conditions and other policies on the Lipogen Site shall be governed by and construed in accordance with the laws of the State of Delaware. All claims, disputes and lawsuits arising out of or in connection with these Terms and Conditions shall be resolved or adjudicated in the State of Delaware.
11. General Provisions
If any provision of these Terms and Conditions shall be unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Please review any other policies posted on the Site which may also govern your visit on Lipogenbio.com.
Lipogen reserves the right to make changes to the Site, its policies and Terms and Conditions at any time. No modification or amendment to these Terms and Conditions or Lipogen’s other policies shall be valid unless agreed in writing by Lipogen.
12. 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 Web Site.
13. Termination
You or we may suspend or terminate your account or your use of this Web Site 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 Web Site at any time without notice. You are hereby advised to check the Terms and Conditions periodically for changes or updates.
14. Health Related Information
The information contained in the Web Site 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 Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with Lipogen U.S. Inc.) for diagnosing or treating a health problem or disease, or prescribing any medication.
Content on the site cannot be relied upon as cure, treatment or preventative care, for any illness, injury, disease or medical condition.
You should consult with a qualified healthcare professional for advice regarding the prevention,
diagnosis and treatment of any medical condition and before starting to take dietary supplement or
vitamin, or any nutritional, exercise program or 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.
Your use of information available on or through this website is your own personal responsibility and is taken at your own risk.
15. Indemnity
You agree to indemnify and hold Lipogen U.S. Inc. and our parents, affiliates (and their franchisees and 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 Web Site, your connection to our Web Site, 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.
16. Governing Law
Any claim relating to Lipogen U.S. Inc.’s web site shall be governed by the laws of Delaware without
regard to its conflict of law provisions.
17. Contact Information
If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us at [email protected]. We will address any issue to the best of our abilities as soon as possible.
PRIVACY POLICY
This Privacy Policy explains the privacy practices of Lipogen and describes the way that Lipogen uses and protects the information we collect from our website Lipogenbio.com and other Lipogen sites linked to the Site about customers and users.
1. What information does Lipogen collect?
Lipogen collects information that you, the user provides when logging in to your account;
entering contests, sweepstakes or promotions; placing an order; subscribing to newsletters;
responding to surveys; submitting questions or comments; utilizing store services; or submitting
other requests for information.
Information received in connection with providing service to you or fulfilling your purchase or
order.
Like most websites, Lipogen.com uses cookies to enhance your experience, gather general
visitor information and track visits to the Site. Please refer to the “Do we use cookies?” section
below for information about cookies and how Lipogen uses them.
2. What does Lipogen use your information for?
Any information that we collect from you may be used in one of the following ways:
To improve customer service. Your information helps us prioritize Site use, more effectively
respond to your customer service requests and support needs.
To process purchase and other transactions, including deliver physical products.
To respond to your request or other correspondence.
To send you emails containing information and updates regarding your order or request, to
notify you of any product updates (such as product recalls), send occasional company updates,
news, promotions, or related product or service information, and more, if such information was
requested.
To administer and fulfill marketing promotions, sweepstakes, contests, surveys or other site
features.
We may share information with trusted third-party companies, entities and individuals to perform
functions on our behalf (such as credit card processing companies, order fulfillment and shipping
services, marketing and promotional distributors); provided, however, that these third parties may
access your personal information only on a confidential basis and only to the extent necessary to
perform their specific functions. All third parties must abide strictly to Lipogen’s privacy policy.
3. How does Lipogen protect your information?
Lipogen has a variety of security measures to keep your personal information safe when you
submit a request, put in an order or access your personal account information.
These measures include: password-protected databases and directories to safeguard your
information, called Secure Sockets Layer (SSL) technology. This helps ensure that your
information is fully encrypted and delivered securely across the Internet.
The security measures that are in place meet or exceed industry standards, however, no data
transmission over the Internet is totally, one-hundred percent secure. Lipogen’s top priority is to
safeguard your personal information; however, Lipogen cannot guarantee the security of any
information you submit to the Site.
4. Does Lipogen use cookies?
Lipogen collects information authorizes our trusted third-party vendors (such as credit card processors) to collect information about users over time across the Site and for other services. To do this, Lipogen and/or its third-party vendors use a number of common tracking tools. These tracking tools may include cookies, flash cookies, web beacons and similar systems.
Lipogen may use these types of cookies and tracking systems to:
Identify new or past customers and store your password if you are registered to the Site and to
improve the Site
Provide you with interest-based or targeted advertising
Better understand the interests of Lipogen customers and Lipogen Site visitors
Observe your browsing activities and behaviors over time across multiple websites or other
platforms
To send emails that you have agreed to receive – (in connection with email delivery and
marketing services). Lipogen may use pixel tags and cookies in these email messages and on the
Site to help measure the effectiveness of advertising and how visitors use the Site.
As a system user, you can stop certain types of cookies from being downloaded to your device by
selecting the appropriate settings on your web browser. In general, web browsers can tell you how to stop accepting new cookies and how to receive notifications when you receive new browser cookies.
Browsers can typically tell you how to disable existing cookies. Your mobile device settings may let you prohibit mobile app systems such as Apple and Google from sharing some information obtained automatically with app developers and operators. Lipogen’s services are not designed to respond to “do not track” signals that are received from browsers. It is important to note that without cookies or other automated tools that we use to collect this type of data, you may not be able to use all of Lipogen’s service features.
5. Does Lipogen disclose any information to outside parties?
Lipogen does not sell trade or transfer your personally identifiable information to outside parties
without your consent. Non-personally identifiable website visitor information may be provided to other
parties for advertising, marketing or other purposes. Lipogen may use this information to address
security, network integrity, performance or other issues. Lipogen may also use this information to
prevent research, investigate or take action regarding illegal activities or violations of our policies.
Lipogen will disclose personal information and/or an IP address information when required by law or in the good faith belief that such action is necessary:
To conform to the edicts of the law or to comply with legal processes served on Lipogen
To help identify people who may be violating the law, the Lipogen legal notice, the Lipogen
Website Terms and Conditions, the Lipogen User Agreement, the rights of third parties, or
otherwise misusing in any way the Lipogen network or its related properties
To cooperate with investigations into purported unlawful activities.
To protect and to defend the property or rights of the Lipogen network of sites and related
properties, or visitors to the Lipogen network of sites and related properties;
6. Strictly an online privacy policy
This Online Privacy Policy applies only to information collected through the Lipogen Site and does not apply to information collected via other means, such as verbal and offline methods.
7. Websites of third parties
On the Lipogen Site, some content or applications are delivered by third parties, including content
providers, advertisers, ad networks, ad servers and application providers. These third-party websites may use cookies, either alone or in conjunction with web beacons or other tracking system to collect information when you use the Lipogen Site. The information these technologies collect may be associated with your online activities across different websites over time and across other online services. These third-party sites may have privacy practices that are different from Lipogen’s. They may use this information to provide you with interest-based, behavioral advertising or other targeted content or material. Visitors to these other sites should consult the privacy policies of these sites because Lipogen has no control over data that is collected by, or submitted to, these third parties. All third party websites are solely responsible for their own privacy practices and the use of personally identifiable information that they collect from you when you visit their sites. Lipogen does not endorse any third party website or its privacy policies or practices.
8. Your consent to the privacy policy
By using the Lipogen Site, you consent to Lipogen’s Privacy Policy.
9. Use by children under 18
The Lipogen Site is not directed to nor does it knowingly collect any personal information from children under age 18. If you are under the age of 18, you may only use the Lipogen Site with the involvement of a parent or adult guardian.
10. How to contact Lipogen and opt out
Should you have concerns or questions about Lipogen’s online policy for this Site or its implementation, or if you want to opt out of any subscriptions, you may click the link at the bottom of an email correspondence. Alternatively, you may or contact Lipogen U.S. Inc. at 165 Pleasant Ave., South Portland, ME, 04106.
You can make specific data retention and privacy requests of the Site webmaster using the form
available at https://Lipogenbio.com/contact-us/.
11. Changes to the Lipogen privacy policy
Lipogen may decide at any time to change our Privacy Policy. If so, we will post these changes in these Terms and Conditions, and may update the Privacy Policy modification date.
12. Territorial use restrictions and jurisdiction
The Lipogen Site is managed and operated by Lipogen U.S. Inc. in the U.S. Lipogen makes no
representation that this Privacy Policy complies with any laws outside the 50 U.S. states. People who choose to access the Lipogen Site from outside the United States do so at their own initiative and personal risk.
This Privacy Policy and other policies on the Lipogen Site shall be governed by and construed in
accordance with the laws of Delaware. Disputes, claims or lawsuits arising out of or in connection with this Privacy Policy shall be resolved or adjudicated in the State of Delaware.
©2019 Lipogen U.S. Inc. All rights reserved.
