Terms and Conditions
Terms and Conditions Policy
The information and descriptions presented on this website are intended as general information, and are not necessarily complete descriptions of every product, indication for use, or contraindication for use. Please consult your physician for healthcare advice.
FDA Disclaimer & Health Related Information
The information and contents contained in the TestaZone® 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 this website (including, but not limited to, information that may be provided on the www.testazone.com by healthcare or service professionals employed by or contracting with TestaZone®) for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging prior to use and consult with your health care professionals.
Information and statements regarding dietary and other health care supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Terms of Sale
TestaZone® reserves the right to revise the pricing of its dietary supplement products at any time and without advance notice.
Products will be shipped according to the standard methods of shipping that TestaZone® has in place at the time of ordering.
When a product is received in a damaged condition it should be reported promptly to TestaZone® by calling 310-993-1252.
When a discrepancy exists between the quantity or items ordered and the quantity or items received, then TestaZone® must be notified within 7 business days of receipt of the shipment.
All sales are final. There are no returns or refunds on orders.
These Terms and Conditions Policy can be revised at any time should it be determined that it is in the best interests of TestaZone® to do so.
Restrictions on Use
You are permitted access to this site for personal, non-commercial purposes only and you may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without TestaZone®’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of TestaZone®. For purposes of these Terms and Conditions Policy, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with TestaZone® in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Except where otherwise indicated, all materials presented on this website are the copyrighted property of TestaZone®. The TestaZone® name and logo are trademarks of TestaZone®.
Except as expressly provided herein, you must not use any portion of this website, or any other intellectual property of TestaZone®, on any other website, in the source code of any other website, or in any other printed or electronic materials.
Except as expressly provided herein, you must not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website’s content, or frame this website within any other website, without the prior written permission from TestaZone®.
TestaZone® reserves all rights to claim monetary damages for the misuse of its trade names, marks, and or any liability for claims made that misrepresent it or its products.
Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from TestaZone®, is prohibited. Linking from another website to any page in this website is prohibited without prior written permission from TestaZone®.
This website may contain links to other Internet websites (“third-party websites”) that are not maintained by TestaZone®. These links are provided solely for your convenience. TestaZone® makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, such third-party websites. TestaZone® recommends you take the time to read the privacy policies and user agreements of any third-party website.
Limitation of Liability
TestaZone® shall not be liable for any injury, loss, claim, or damage, nor any indirect, special, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of the use of, or inability to use, this website or the content found on this website, or, unless resulting from the gross negligence or intentional actions of TestaZone®, the unauthorized access to or alteration of your transmissions or data, even if TestaZone® has been advised of the possibility of such damages. Because some states do not allow a limitation of liability for certain damages, the foregoing limitations may not apply to you.
TestaZone®, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TestaZone®HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TestaZone® AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO TestaZone® FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
You will indemnify and hold TestaZone®, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by you, including any use of content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against.
Class Action and Arbitration
You and TestaZone, and its legal entities or any subsidiaries, agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree that any claim or dispute in connection with: (i) the use of this site; (ii) the use and/or purchase of any of our products or services through our website or distributed through our website; (iii) or any information or content stored or viewed on our site; will be resolved by binding arbitration rather than in court, except for certain small claims actions. Arbitration means you are giving up the right to go to Court and assert any rights you may have, except for any matters that do not fall under this arbitration clause as previously mentioned.
Arbitrations under this Agreement will take place on an individual basis, and class actions are not permitted. This agreement does not allow class or collective arbitrations, or class actions, even if arbitration rules would. The arbitration will be binding non-appearance, and initiated through an established alternative dispute resolution provider, and any award shall be confidential and shall remain confidential. Each party is to be responsible for any filing fees to commence arbitration and any costs related to the Arbitration process. Both parties agree to have such arbitration claims heard in the state of California.
In the event that the law does not permit the above mentioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located in Los Angeles County, California. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs.
To summarize, both parties agree that they are waiving their right to a trial by jury and that any dispute must be submitted to binding arbitration. By placing an order on our website, you irrevocably waive any right you have to join claims with those of others in the form of a class action or similar procedural device. Any claims relating to your usage of our website or product must be asserted individually.
Jurisdiction / Enforceability
Use of this website is governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. Any dispute concerning this website is subject to the venue of a court of competent jurisdiction in Los Angeles County, California.
Should any provision of these Terms and Conditions be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.
Copyright and Trademark
Our website contains unique content owned exclusively by us, including the text, video and photographs. Any unauthorized use of our copyrighted content is prohibited.
Any unauthorized use of our trademark or trade dress, including copying the look and feel of our website or product design, is prohibited.
Furthermore, we may, but are not obligated to, permit the submission of content generated by our users. You agree that if you submit any content to us, you are granting us a non-exclusive, irrevocable, universal right to reproduce the content for any reason and in any form, for the sole advantage of TestaZone, financially or otherwise.
TestaZone® may, in its sole discretion, revise its Terms and Conditions Policy at any time.
Any failure or delay by TestaZone® in enforcing any provision of its Terms and Conditions Policy will not be considered a waiver of such provision and will not prevent TestaZone® from enforcing the provision at a later date.