1. You are over the age of majority where you live.
2. You have read and accepted this website’s Terms and Conditions which govern your use of this website. If you do not agree with any term set forth herein you will cease use of this website immediately.
3. YOU AGREE THAT THIS SITE, CONTENT, AND SERVICES DO NOT PROVIDE ANY FORM OF MEDICAL ADVICE, PROFESSIONAL SERVICES, OR RECOMMENDATIONS.
4. YOU UNDERSTAND THAT THE WEBSITE AND CONTENT ARE NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A PHYSICIAN, PATIENT OR CLINICAL RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY PRODUCT OR SERVICE BY BUCKYLABS.COM, 1ST ENTERPRISES INC., OR ANY OF THEIR AGENTS, EMPLOYEES, CONSULTANTS, OR SERVICE PROVIDERS.
5. You consent to the placement of a cookie in your browser (used to administer discount codes), for a period of 30 days.
6. You agree that by entering this website, you are voluntarily subjecting yourself, and any business entity in which you have any legal or equitable interest, to the personal jurisdiction of the State of Arizona, Maricopa County, should any dispute arise at any time between you, this website, and/or such business entity.
7. You agree that any dispute arising at any time between you, this website, and/or any business in which you have any legal or equitable interest shall be decided exclusively by binding arbitration.
8. Agreeing to the terms constitutes a legally binding agreement between you, this website and/or any business in which you have any legal or equitable interest.
9. If any provision of this agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intentions as herein expressed.
10. You agree that we may revise and update these Terms at any time. All modifications or changes to these Terms are in force immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect except as noted below. Your continued usage of this Website will mean that you accept any such changes.
If we change anything in these Terms, we will change the “Last Updated” date at the top of this webpage. You agree to re-visit this webpage each time you access this Website, and to use the “Refresh” button on your browser when doing so. Upon each visit, you agree to note the date of the last revision to these Terms. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms, then you may presume that none of these Terms have changed since the last time you read them. If the “Last Updated” date has changed, then you can be certain that something in these Terms has been changed, and you agree that you will re-review these Terms in their entirety and that you will agree to the updated Terms or immediately cease use of this Websites or any of its Contents (as defined below). The only part that we will not change without emailing you or having you click a new acceptance of these terms, is the arbitration clause. We do not change the arbitration clause in an unfettered manner without notifying you on our website or by email.
If you fail to re-review these Terms as required to determine if any changes have been made, you assume all responsibility for such omissions, and you agree that such failure amounts to your affirmative waiver of your right to challenge the new Terms. We are not responsible for your neglect of your legal rights and you waive any claim against us arising out of your failure to review any revised terms.
11. By posting content to any part of this site or to this website through a third party social service such as Facebook, Twitter, or Google+, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with the intent to defraud provide material and misleading false information. You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. You agree that you will not impersonate any person or entity including any of our employees or representatives.
You represent and warrant also that the content you supply does not violate these Terms, and that you will indemnify and hold BuckyLabs.com harmless for any and all claims resulting from content you supply.
Your use of this site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the site.
12. You agree that BuckyLabs.com will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Not all areas of the site may be available to you. Users who violate systems or network security may incur criminal or civil liability.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
13. ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. BuckyLabs.com will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site solely at your own risk. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
By agreeing to these Terms, you are granted a revocable, non-exclusive, non-transferable license (a Personal Use License) to view and access the Content for personal, non-commercial purposes. In connection with a Personal Use License, you may not:
Sublicense, sell, assign or otherwise share the Content with anyone;
Duplicate any part of the Website or the Content for any purpose (except as expressly provided elsewhere in these Terms);
Distribute, share, trade or create any derivative works based on the Website or any of the Content, and you agree that any such use is NOT fair use under 17 U.S.C. § 107;
Use the Website and/or any of the Content for any public display, public performance, sale or rental, and you hereby agree and stipulate that any and all such uses are NOT fair use under 17 U.S.C. § 107;
Post, share, trade or offer for use/viewing/listening to or transcription copy of any or all of the Content to or through any websites or service, including, without limitation, through one-click hosting sites, file locker sites, bit torrent protocol, public or private forums, social sites, video hosting tube sites, or any other similar technology;
Remove any copyright or other proprietary notices from any of the Content; or
Circumvent any encryption or other security tool(s) used anywhere on the Website.
You acknowledge and agree that the foregoing list of prohibited uses is exemplary, non-exhaustive, and provided for illustrative purposes only. You further agree that the use of bots, employees, contractors, resellers, assigns, or any kind of automated process to copy, download, hot-link, frame, or otherwise use any Content is prohibited by the Personal Use License described in this Section and will in all instances be considered commercial uses. Any Personal Use License granted to you will terminate and be immediately revoked upon your use of any Content in violation of this Section.
15. The contents of this site are for informational purposes only and does not constitute medical advice. BuckyLabs.com is not engaged in rendering medical or professional advice or services. The information provided on this Website is not intended to substitute medical advice offered by a physician or other qualified health care provider. BuckyLabs.com recommends that you consult a physician or professional health care provider prior to the use of the products advertised on this Website. Use of the products advertised as well as the information and commentary provided on this Website is solely at your own risk.
16. We may provide links to third-party web sites. BUCKYLABS.COM DOES NOT RECOMMEND AND DOES NOT ENDORSE THE CONTENT ON ANY THIRD PARTY WEBSITES. We are not responsible for the content of linked third-party sites or advertisements and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The inclusion of a link to another site or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. Except as expressly indicated, BuckyLabs.com does not endorse any product, service, or treatment advertised on this Website.
These Terms and all matters arising out of, or otherwise relating to, these Terms shall be governed by the laws of the United States and the State of Arizona, excluding Arizonas conflict of law provisions. You and RevGenetics agree that all actions or proceedings arising in connection with these Terms or any services or business interactions between you and RevGenetics that may be subject to these Terms shall be resolved exclusively in a forum located in Miami-Dade County, Florida. You and RevGenetics agree that this choice of forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation or alternate dispute resolution between the parties with respect to, or arising out of, these Terms in a jurisdiction other than that specified in this Section. You hereby voluntarily waive any right to assert that Miami-Dade County, Florida, is an inconvenient location for resolution of any dispute arising in connection with these Terms. You hereby stipulate that, with respect to any dispute, controversy, or proceeding arising out of (or related to) these Terms and/or the relationship between you and RevGenetics thereby contemplated, the state and federal courts located in Miami-Dade County, Florida, shall have personal jurisdiction over you. The sum of this Section is that any and all disputes are, without exception, are subject to jurisdiction and resolution in Miami-Dade County, Florida. You agree that this section supersedes any previous agreement or contract between you and any individual or company that forms part of BuckLabs.com.
In consideration for our willingness to provide you with content, information and a website Account by using or registering at this website, you and we agree as follows: Any claim, dispute or controversy (Claim) by either you or us against the other arising out of or relating to this agreement, or the breach of this agreement, shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be initially borne by the complainant and later apportioned by the arbitrator in accordance with the Arbitration Rules of net-ARB’s Consumer Confidence Program. The arbitrator’s decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award. Any arbitration proceeding will take place by email per new-ARB’s proceedings and rules. Any party to the arbitration proceeding may enter judgment upon the arbitration award in any court having jurisdiction over the arbitration award and may have that judgment enforced by any court having jurisdiction over that judgment. A demand for arbitration under this agreement to arbitrate may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above. This agreement to arbitrate Claims includes all controversies and claims of any kind between us. It also includes any disputes you have with our agents, contractors, suppliers, employees, officers or assignees, any merchants or any other third party that has been involved or becomes involved with, or whose intellectual property, trademarks, copyrights or patents are used in connection with, any purchasing, marketing, soliciting, servicing or activity relating to this agreement or your Account.
NO ARBITRATOR OR COURT MAY ORDER, PERMIT OR CERTIFY A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL LITIGATION OR CONSOLIDATED ARBITRATION IN CONNECTION WITH THIS AGREEMENT TO ARBITRATE. NO ARBITRATOR OR COURT MAY ORDER OR PERMIT A JOINDER OF PARTIES IN CONNECTION WITH THIS AGREEMENT TO ARBITRATE, EXCEPT FOR JOINDER OF ANY JOINT APPLICANT OR OTHER AUTHORIZED USER OF THE WEBSITE ACCOUNT, UNLESS BOTH YOU AND WE CONSENT TO SUCH JOINDER IN WRITING. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL LITIGATION OR CONSOLIDATED ARBITRATION RELATED TO THIS AGREEMENT OR YOUR WEBSITE ACCOUNT.
The arbitrators decision shall become final and binding after 30 days. In the event of a conflict between the Arbitration Rules and this Arbitration Agreement, this Arbitration Agreement shall govern. This Arbitration Agreement shall not apply to any Claims as to which the limitations herein on class actions or class-action or consolidated arbitration are not permitted by applicable law. If any other provision of this agreement to arbitrate should be found invalid or unenforceable such a determination shall not affect the enforceability of the remaining provisions which shall remain and continue in full force and effect. You may contact the net-ARB.com to obtain information about arbitration, arbitration procedures and fees by going to the net-ARB.com website or emailing net-ARB.com using the following contact information:
email: [email protected]
18. Past Communications and Agreements
You agree that this agreement supersedes any and all previous agreements, contracts and communications between you and BuckyLabs.com and its representatives by any electronic means. Any disagreements that are produced by this website, emails and contracts from RevGenetics and/or Darren Moore or any past electronic communication as well as Darren Moore’s content within, will first go through fee arbitration (if any) and have all monies paid to the copyright owner in full prior to any ongoing or prior alternate dispute resolution (such as arbitration) or litigation.
19. Indemnification and Hold Harmless
You agree to indemnify and hold harmless BuckyLabs.com, 1ST Enterprises Inc., its Authors, its officers, agents and employees from any and all liability, claims, costs, suits, causes of actions, judgments or damages, including attorneys fees, arbitration fees, arising out of the use of this website or its content. Furthermore you understand and acknowledges that this Hold Harmless and Indemnification clause requires that BuckyLabs.com, its Authors, its officers, agents and employees be indemnified and held harmless for any and all liability, claims, costs, suits, causes of action, judgments or damages sustained by BuckyLabs.com, it’s Authors or any other person or persons for bodily injury and for injury to or loss of property resulting from, caused by or rising out of the conduct of the Outside Organization and/or any guest, participant, visitor or other person attending the event referred to in this Agreement. This Hold Harmless and Indemnification Agreement shall also pertain to any such claims alleging negligence on the part of the BuckyLabs.com or its Authors, but this Hold Harmless and Indemnification Agreement shall not pertain for intentional torts or reckless harm.
19. You also agree that if BuckyLabs.com content or products were provided to a third party or site that is not directly under your control, and that content or that the product is used in a legal manner, that you agree that as a requirement of your action to provide content or products to a third party, that you immediately agree to hereby appoint BuckyLabs.com, Darren Moore or one of his assigns as your true and lawful attorney in fact, to act for you in your name, place, and stead, and on your behalf to do and perform the following: To contact the third party on your behalf to discuss, retract, negotiate, delete and/or erase such content or product related items as well as to provide us access to your information, whether we use your real name, an anonymous handle or name to describe your account or electronic content. As a result of the use and protection of any BuckyLabs.com content products or services, you agree to be liable for legal damages, legal fees, arbitration fees, indirect damages, punitive, exemplary or consequential damages to BuckyLabs.com, its Authors, its officers, agents and employees as a result of this clause. These maybe calculated monthly by BuckyLabs.com and submitted for arbitration. The easy way to avoid issues regarding content or products, is to simply ask for permission first. We are very open about reviews of our products and sharing information, we simply need to make sure you receive permission from us first.
Right to reject the Confidential Release Agreement. YOU HAVE THE RIGHT TO REJECT THIS Confidential Release Agreement ONLY IF YOU LIVE WITHIN THE UNITED STATES, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this Confidential Release Agreement and you live within the United States, you must notify us in writing within Five (5) weekdays after the date you first accept this agreement. Anyone living outside of the United states understands that they cannot reject the Confidential Release Agreement clause and agrees to accept this clause. You must send your request to: Confidential Release Agreement Manager, . The request must include your full name, your email that is registered at the site, your phone number, a recent utility bill in your name to confirm your present address and a copy of one of the following: A valid unexpired drivers license, valid unexpired passport, or valid unexpired government issued identification. You need to provide this information along with a clear statement of your intent, such as I reject the Confidential Release Agreement clause in the Agreement.
Right to reject the Claims Release Agreement. YOU HAVE THE RIGHT TO REJECT THIS Claims Release Agreement ONLY IF YOU LIVE WITHIN THE UNITED STATES, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this Claims Release Agreement and you live within the United States, you must notify us in writing within Five (5) weekdays after the date you first accept this agreement. Anyone living outside of the United states understands that they cannot reject the Claims Release Agreement clause and agrees to accept this clause. You must send your request to: Claims Release Agreement Manager, 358 W Fairway Place Chandler, AZ 85225. The request must include your full name, your email that is registered at the site, your phone number, a recent utility bill in your name to confirm your present address and a copy of one of the following: A valid unexpired drivers license, valid unexpired passport, or valid unexpired government issued identification. You need to provide this information along with a clear statement of your intent, such as I reject the Claims Release Agreement clause in the RevGenetics BuckyLabs.com Clickwrap Agreement.
24. It is the customer’s responsibility to ensure that the items ordered can be legally imported into the destination country, therefore if any Customs office holds or confiscates items it is at the sole risk of the customer.
25. We guarantee that the products we sell are genuine and conform to their stated description. It is the customer’s responsibility to safely and properly use our products and any adverse results of the use or misuse of any of our products is at the sole risk of the customer. Our user guidelines may have errors and omissions and it is up to the customer to use multiple sources of information. The customer agrees to educate themselves on our products, if possible also through third parties. The customer agrees to inspect our products for flaws prior to every use and agrees not to hold us liable for damage caused by our products. The customer agrees to follow all our guidelines for our products and agrees that not following all of these guidelines constitutes gross negligence and the automatic release of all our liability in case of damage arising that could be prevented by following our guidelines. The customer however agrees and understands that our guidelines can have errors and omissions and absolves us from liability in case of errors and omissions in our information, including: instructions that are enclosed with our products, leaflets included with the order, our sales pages, our store’s extended article descriptions, our forum postings, our website’s articles and the content of emails exchanged with the customer. The customer agrees and understands that self-treatment can involve risk and the customer agrees never to sue us for damage caused by our products or advice.