Terms and Conditions

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Terms of Use

TERMS & CONDITIONS

Last revised: October 2020

Welcome to Bio Fit® by Garden Lab® line of beautywellnessover40 Corp, digital home: biofitsupplements.com, the website for Bio Fit Supplements by Garden Lab owned by beautywellnessover40 Corp

Please take a few minutes to read our Terms & Conditions. These Terms and Conditions are a legal agreement between you and us. It applies to all users of this Site and its associated services. This Site is developed, maintained, and operated by beautywellnessover40 Corp. ( collectively, “Company,” “We,” “Us,” or “Our”), as you do, takes great pride in our digital home and its content and have developed rules to help our site stay free of viruses, pleasing to look at, and a source of information about how our products can make your life better every day. These terms and conditions are always long, but please read them as it contains important information about our site’s users. The table below is intended to describe a summary of the content of the “Terms and Conditions,” but please read the whole Agreement for a thorough understanding of the terms you agree to.

BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

Content:

  • Our rights to control our site and its content
  • Your content 
  • Your use of “Our” site
  • Your account
  • Other things to know

Our Intellectual Property Rights: 

name change notification: beautywellnessover40 Corp currently being amended to beautywellnessover40 Corp

           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 beautywellnessover40 Corp. 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. 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 beautywellnessover40 Corp. or such other owner. You acknowledge that you do not acquire any ownership rights by downloading trademarked and copyrighted material. It is strictly prohibited to remove, obscure, or alter copyright notices, trade names, trademarks, service marks, logos, or other distinctive brand features or other proprietary rights notices affixed to or contained within this Site or its Content. You agree not to reproduce, lease, display, transmit, use, distribute, or create derivative works based (in whole or part) on all or any part of our Site and its Content. This website is expressly owned and operated by Bio Fit Supplements by Garden Lab, Inc, formerly called beautywellnessover40 Corp. The design of this Web Site and all text, graphics,  logos, images, photographs, expressions, “look and feel,” video, information, content, arrangement of such content, and other material ( collectively “Content”) 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 the prior written permission of the owner of such material. The content, software, and other technology components of this Web Site are © beautywellnessover40 Corp’s property or licensed property.  All worldwide rights are reserved. This Site and its Content are intended solely for your personal, noncommercial use. Any use of this Site or its Content other than for personal, noncommercial purposes is prohibited. Content may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify this Site or any part of this Site, including any Content, in any way, or copy, reproduce, republish, upload, post, encode, translate, transmit, publicly display, perform, 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. You may download or electronically copy and print any of the Content displayed on this Site for your personal, noncommercial use. If you download, copy, or forward via e-mail any part of the Content, no right, title, or interest in those materials is transferred to you.

           beautywellnessover40 Corp. does not necessarily endorse and is not responsible for the accuracy or reliability of third parties’ statements on biofitsupplements.com.

“User Content” Your Comments: User Information 

We welcome your comments, feedback, notes, messages, ideas, suggestions, pictures, or other communications (collectively “Comments”) sent to  beautywellnessover40 Corp., which shall be and remain the exclusive property of beautywellnessover40 Corp Personally identifiable information that you voluntarily post on any part of this Web Site that is viewable by the public is not subject to this Web Site’s Privacy Statement and is considered User Communications. Other than personally identifiable information (which is subject to this site“Privacy Policy”) such as the credit card information processed and protected by First Data, which is subject to this Web Site’s Privacy Statement, any material, information, videos, pictures, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary.You are responsible for any information, text, pictures, or other material that you post. You agree, represent, and warrant that any User Content you post on the Site to us directly or indirectly (including through the use of hashtags on third party social media platforms), is truthful, accurate, not misleading, and offered in good faith and that you have the right to transmit such User Content. You shall not upload, post, or otherwise make available on or through a Site any User Content protected by copyright, trademark, or another proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from copyright infringement, trademark, proprietary rights, or any other harm resulting from such User Content. You grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sub-licensable, irrevocable, and unrestricted right, and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in all media and for advertising or promotional purposes. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through a Site, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of a Site and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights concerning attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “Contact Us” forms, product order pages, job application portals, or other forms that are intended to be confidential will be handled following our Privacy Statement and will not be publicly disclosed, except as described in our Privacy Statement or otherwise approved by you.

PLEASE DO NOT POST OR SEND US ANY IDEAS, SUGGESTIONS, OR OTHER USER contents THAT YOU WISH TO KEEP PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us.

  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 any such User Communications content, 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 our parent, subsidiaries, successors, 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 of Use are later modified or terminated, without any compensation to you.  You agree to waive all moral rights in any User Communications in favor of beautywellnessover40 Corp. may, at its option and in its sole discretion, use, post, distribute, critique, a quote from, characterize and/or refer to your User Communications or any portion thereof.

Your Authorized Use of Our Site. 

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, violent, hateful, tortious, vulgar, intimidating, fraudulent, pornographic, or profane material or any material, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, including unauthorized or unsolicited advertising, 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 Web Site. 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.

You may not:

  -Reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or this Site as a whole, or any related software; 

– Use any data mining, robots, or similar data gathering or extraction methods; (c) manipulate, duplicate, or otherwise display this Site, Content or any portion thereof by using framing or similar navigational technology; 

– Register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any Site product or service if you are not expressly authorized by such party to do so; 

– Use this Site or Content, including any of the features, tools, and service on this Site, for any reason other than for its intended purpose, including to communicate with Green Lab, Inc. or conduct any Inappropriate Activities, as defined below. You may not attempt to gain unauthorized access to any portion or feature of this Site, any other systems or networks connected to this Site, any beautywellnessover40 Corp.server, or any of the services offered on or through this Site, by hacking, password “mining” or any other illegitimate means. 

– Post to or transmit through the Sites any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;

– Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;

– Violate, or attempt to violate, the security of a Site;

– Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;

– Use scripts, macros, or other automated means to impact the integrity of voting, ratings, or similar features;

      • Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Sites.

You agree that you will not take any action that intentionally imposes an unreasonable or disproportionately large load on the infrastructure of this Site or beautywellnessover40 Corp.’s systems or networks, or any systems or networks connected to this Site. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site or with any other person’s use of this Site. You may not use this Site (including any Content) to solicit the performance of any illegal activity or other activity that infringes the rights of Green Lab, Inc. or others. You acknowledge that your failure to abide by these Terms and Conditions may subject you to civil and criminal liability.

Your links from Our Site. 

You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory, or otherwise defamatory manner and provide that the linking site does not contain any material that is pornographic, obscene, illegal, offensive, harassing or otherwise objectionable in our judgment. This permission may be revoked at any time.

Any permitted links to this Web Site must comply will all applicable laws, rules, and regulations.

 

Third-Party Links from Our Site. 

This Web Site may contain links to Websites that are not owned, operated, or controlled by  beautywellnessover40 Corp) or its affiliates from time to time. If you use these links, you will leave this Web Site. 

We may provide on the Sites solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding or endorse or otherwise sponsor any linked sites or the information appearing thereon or any of the products or services described thereon. We do not guarantee the validity, accuracy, completeness, or reliability of any opinion, advice, service, offer a statement, or other Content on our Sites other than those from our authorized representatives acting in an official capacity. Under no circumstance will we be liable for or connected with any loss or damage caused by your reliance on any Content.

Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links. Any linked site is authorized to use any of our trademarks, logos, or copyright symbols.

Under no circumstance will we be liable for or connected with any loss or damage caused by your reliance on any Content.

If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk. We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, Pinterest, and Instagram (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use. These third-party services are unrelated to this Site, and your use of such third party services is subject to the terms and policies of those services. This Site may also provide certain social media features that enable you to send e-mails or other communications with certain content or links to certain content on this Site. You may use these features solely as they are provided to us and solely concerning the content they are displayed with.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES, AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Interactive Features

We may host message boards, user-generated content, promotions, product reviews, blogs, and other interactive features or services through which users can post or upload User Content (each, a “Forum”) on our Sites. We do not endorse User Content posted in Forums and cannot guarantee the accuracy or authenticity of such User Content and act only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging.

You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Sites and may employ anonymous user names when doing so. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.

You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on a Site or any Forum; (b) monitor User Content and Forums; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party to operate a Site, to protect us, our Site visitors or others, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose we deem appropriate. If you see User Content on our Sites that you believe violates the terms of this Agreement, please contact us.

Promotional Offerings. 

Certain offerings on this Site may contain additional legal terms. Your use of or participation in such offerings will be subject to the additional terms as well as these Terms and Conditions. To the extent such additional terms conflict with these Terms and Conditions, the additional terms shall control. beautywellnessover40 Corp reserves the right to void, cancel or suspend any promotion at any time without notice

Accounts:

 YOUR INFORMATION IS IMPORTANT TO US: Account Registration & Security

At beautywellnessover40 Corp, we are serious about issues of security and privacy. In general, you are not obligated to register to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that someone else is already being used; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person, or that is offensive.  You may only have one active Registered User account on each Site at any given time, and you may not allow other people to use your account to access a Site.

Any customer information obtained by beautywellnessover40 Corp is used solely for internal purposes, and we will not sell, rent, distribute, or share your personal information. You understand that you may need to create an account to place orders and access all of the Web Site parts. To use those restricted portions of the Web Site, you will: (a) provide true, accurate, current, and complete information about yourself and your business as prompted by the Web Site’s registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or green Lab, Inc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, beautywellnessover40 Corp.. has the right to suspend or terminate your account and refuse all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Web Site using your account information. You agree to exit from your Registered User account at the end of each session if you use a device shared with another person. You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password, or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take all actions we deem necessary or reasonable to maintain our Sites’ security and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. Please note that anyone able to provide your personally identifiable information will be able to access your account, so you should take reasonable steps to protect this information.

 

 

Descriptions and Orders 

All features, content, specifications, products, and prices of products and services described or depicted on this Web site, biofitsupplements.com (this “Web Site”), are subject to change at any time without notice. We may make improvements and/or changes in products or services described on the Sites, add new features, or terminate a Site at any time without notice. We also: (a) reserve the right to change the goods and services advertised or offered for sale through a Site, the prices, ingredients, or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on a Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on a Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on a Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process any order for such reason, we will either not charge you or will apply a credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of this section’s provisions may not apply to you. Products sold on the Sites are intended for end-use in the United States and are not labeled or intended for international distribution. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. 

If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions, an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, you may contact us for a refund of tax overcharges at any time up to two years from your date of purchase. This right to a refund is your exclusive remedy for sales tax errors.

All orders are subject to any shipping prices and rules and the Returns & Exchanges Policy posted on the Site on which you are ordering. Please read these descriptions thoroughly before purchasing products currently on Amazon.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the possession, use, and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Shipping Limitations. 

No order is placed on our website. As a result, the risk of loss and title for items purchased from this Site pass to you upon delivering the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Copyright/ Trademark Infringement Notices. 

If you believe that any Content on a Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

(1) A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;         

(2) The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with sufficient information to enable beautywellnessover40 Corp) to locate the alleged infringing material;

(3) Your name, mailing address, telephone number, and email address;

(4) The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6) A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Designated Agent: 

Senior Trade Mark Counsel Bryan Cave.

kjbarkhorn@bryancave.com

1290 Avenue of America

New York, NY 10104-3300

We will terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer.

Updates to this Agreement

We may revise or otherwise change or update this Agreement from time to time. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement?there may have been changed to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Sites. Your continued use of a Site will signify your continued agreement to this Agreement as it may be revised.

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

Children

Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13. YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SITES. If you are under the age of majority in your home state, which is 18 in most states, you may not establish a registered account with us, and you should use our Sites only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Sites or sections of our Sites, as well as promotions, programs, and commerce we may offer on a Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Sites or certain sections or features of our Sites, you should not attempt to do so.

Under 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such sites.

Other Policies

This Agreement applies exclusively to your access to and use of the Sites and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs, or otherwise. Additional policies and terms may apply to the use of specific portions of a Site (such as our Ratings and Review features) and to purchase certain merchandise or services and are included as part of this Agreement.

Any sweepstakes, contests, coupons, rebates, or other promotions made available through a Site will be governed by specific rules separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein. In addition to describing such promotion, you may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration, submission, and/or entry are valid; you agree to read and abide by the applicable rules.

We have also adopted a Privacy Statement that you should refer to understand how we use and collect information fully. To learn about our privacy practices, please refer to our Privacy Statement.

Additional Terms

Note to New Jersey Consumers

If you are a consumer residing in New Jersey, the following provisions of this Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, Arbitration and Class Action Waiver the California governing law provision (to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

Termination

The Sites and this Agreement are in effect until terminated by us. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to a Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning the protection of intellectual property rights, authorized use, user-submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, you must destroy all Content obtained from the Sites and all copies thereof. You agree that if your use of a Site is terminated under this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from all liability that we may incur, therefore. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Even after the termination of this Agreement or your account or access to a Site, any User Content you have posted or submitted may remain indefinitely on a Site.

Disclaimer of Medical Advice

THE CONTENT CONTAINED ON SOME OF OUR SITES MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS, NATURAL PROCESSES, AND/OR NATURAL THERAPIES (including, but not limited to, information that may be provided on this Site by healthcare or nutrition professionals employed by or contracting with Green Lab, Inc.) THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.  OUR SITES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY.  IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON A SITE. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, USERS’ CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR USERS’ CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT.

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. If you are pregnant, become pregnant, breastfeeding, take any medications, or have a medical condition, you should consult your health care professional before use and read all product packaging carefully before use.

Recipes or wellness advice. 

As part of the Web Site, Bio Fit Supplements by Garden Lab.Inc. May offer advice and information dealing with eating healthy or other recommendations and allow recipe submissions by various sources, including Web Site users. Bbeautywellnessover40 Corp in no way provides any warranty, implied or otherwise, towards the content of recommendations submitted by any user, visitor, or other entity. As such, it is your responsibility to determine the value and quality of any advice or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recommendations taken from our Web Site and prepared are done so “at your own risk.” beautywellnessover40 Corp is not responsible for any damage, medically or otherwise, resulting in food preparation using the instructions or recommendations provided on this Web Site. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the advice listed on this Web Site.

beautywellnessover40 Corp. EXPRESSLY EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY THAT THE PRODUCT IS FIT FOR ANY PARTICULAR PURPOSE. 

 

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON A SITE OR ANY OTHER SITES LINKED TO OR FROM A SITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH A SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF A SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS, AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE A SITE, A SITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR $100.

Indemnity

You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, and contractors harmless from and against all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with a Site; or (iii) the Content or other information you provide to us through a Site.

Consent to Communication 

When you use a Site or send communications to us through a Site, you communicate with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating a Registered User Account, or otherwise providing us with your email address, postal address, or phone number, you agree that our agents or we may contact you at that address or number in a manner consistent with our Privacy Statement.

International Users

Each Site is controlled, operated, and administered by us (or our licensees or agents) from our offices within the United States of America and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Each claim or statement about our products’ effectiveness or comparing our products’ effectiveness is expressly limited to the United States unless otherwise disclosed. WE DO NOT REPRESENT OR WARRANT THAT A SITE, OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access a Site do so on their own initiative and at their own risk and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit a Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

 

Accuracy of Information. 

We attempt to ensure that information on this Web Site is complete, accurate, and current. Despite our efforts, this Web Site’s information may occasionally be inaccurate, incomplete, or out of date. beautywellnessover40 Corp does not warrant or accept any responsibility or liability regarding the completeness, accuracy, or currentness of any information on this Web Site. For example, products included on this Site may be unavailable, have different attributes than those listed, or actually carry a different price than that stated on this Site. Also, we may make changes in information about availability without notice.

DISCLAIMERS: YOUR USE OF THIS SITE 

             iS AT YOUR RISK. beautywellnessover40 Corp  DOES NOT WARRANT THAT THIS SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THIS SITE MAY BE OUT OF DATE, AND NEITHER GREEN LAB, INC., NOR ANY OF ITS RESPECTIVE AFFILIATES make ANY COMMITMENT OR REPRESENTATION THAT ANY CONTENT, ITEMS OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT OR SERVICES. THE INFORMATION, MATERIALS, and SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITH ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GREEN LAB, INC NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER GREEN LAB, INC NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS 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 WEB SITE 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 concerning THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. 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. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, following SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES following THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

 

           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.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST GREEN LAB, INC, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEB SITE.

 

 

Disputes, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND beautywellnessover40 Corp HAVE AGAINST EACH OTHER ARE RESOLVED.

This Section is deemed a “written agreement to arbitrate,” according to the Federal Arbitration Act. You and beautywellnessover40 Corp agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, according to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Web Site, (ii) any purchases or other transactions or relationships with Bbeautywellnessover40 Corp, or (iii) any data or information you may provide to Bio Fit® Supplements by Garden Lab®.Inc..or that beautywellnessover40 Corp..may gather in connection with such use, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or arbitration. You agree to binding arbitration as provided below by using or interacting with the Web Site or engaging in any other beautywellnessover40 Corp Transactions or Relationships with us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Web Site, you agree that any complaint, dispute, or disagreement you may have against Bio Fit® Supplements by Garden Lab®.Inc. And any claim that Bio Fit® Supplements by Garden Lab®.Inc.. may have against you, arising out of, relating to, or connected in any way with these Terms and Conditions, our Privacy Statement, or any Bio Fit® Supplements by Garden Lab®.Inc. Transactions or Relationships shall be resolved exclusively by final. Binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted following the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the arbitration is initiated or, if the amount in controversy exceeds $100,000, following the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead and conducted following the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect, which would apply to the matter in dispute, beautywellnessover40 Corp. agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions outlined in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator is selected according to the Applicable Rules or by mutual agreement between you and beautywellnessover40 Corp. (the “Arbitrator”);

(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and Conditions and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;

(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) under the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel over 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

(d) Governing Law. The Arbitrator (i) shall apply internal laws of the Commonwealth of Pennsylvania consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Pennsylvania or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

(e) No Class Relief. The Arbitration can resolve only your and/or Bio Fit Supplements by Garden Lab, Inc’s (name amended in September 2020 from beautywellnessover40 Corp)’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

(g) Arbitration Costs. If you can demonstrate that the costs of arbitration will be prohibitive compared to litigation costs, Bio Fit® Supplements by Garden Lab®.Inc. Will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

(h) Interpretation and Enforcement of Arbitration Clause. Except for subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed following its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Bio Fit® Supplements by Garden Lab®.Inc. shall be entitled to arbitrate their dispute and instead bring any claims in a court of competent jurisdiction.

(i) Modification of Arbitration Clause With Notice. Bio Fit® Supplements by Garden Lab®.Inc. May modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Bio Fit Supplements by Garden Lab, Inc’s (name amended in September 2020 from beautywellnessover40 Corp) has given notice of such modifications and only on a prospective basis for claims arising from Bio Fit® Supplements by Garden Lab®.Inc.Transactions and Relationships occurring after the effective date of such notification.

(j). Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Bio Fit® Supplements by Garden Lab®.Inc.. in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

 

Access and Interference. You agree that you will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site, or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

Right to Takedown Content. beautywellnessover40 Corp.shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Web Site at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to violate the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms and Conditions access to the Web Site or any part thereof.

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 Web Site 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 at beautywellnessover40 Corp Marketing Department -217 E 70 Street, STE 36, New York NY 10021

email: info@gardenlab.green

.

GENERAL TERM20Wednesday, July 26, 2017S

These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining terms shall remain in full force and effect. The failure of  beautywellnessover40 Corp) to act concerning a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit beautywellnessover40 Corp.’s rights concerning such breach any subsequent breaches. Any action or proceeding relating to the use of this website, catalogs, or any transaction with beautywellnessover40 Corp shall be governed by and construed following the laws of the State of North Carolina. Any action or proceeding relating to the use of this website, products, or any transaction with Bio Fit® Supplements by Garden Lab®.Inc. Must be brought only in the General Courts of Justice in New York City shall have exclusive jurisdiction and venue over any dispute arising out of these Terms and Conditions.[/vc_column_text][supro_empty_space height=”80″][/vc_column][/vc_row]

Terms of Use

TERMS & CONDITIONS

Last revised: February 2021

Welcome to Garden Lab® line of beautywellnessover40 Corp, digital home: biofitgardenlab.com, the website for Garden Lab owned by beautywellnessover40 Corp

Please take a few minutes to read our Terms & Conditions. These Terms and Conditions are a legal agreement between you and us. It applies to all users of this Site and its associated services. This Site is developed, maintained, and operated by beautywellnessover40 Corp. ( collectively, “Company,” “We,” “Us,” or “Our”), as you do, takes great pride in our digital home and its content and have developed rules to help our site stay free of viruses, pleasing to look at, and a source of information about how our products can make your life better every day. These terms and conditions are always long, but please read them as it contains important information about our site’s users. The table below is intended to describe a summary of the content of the “Terms and Conditions,” but please read the whole Agreement for a thorough understanding of the terms you agree to.

BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

Content:

  • Our rights to control our site and its content
  • Your content 
  • Your use of “Our” site
  • Your account
  • Other things to know

 

Our Intellectual Property Rights: 

          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 beautywellnessover40 Corp. 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. 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 beautywellnessover40 Corp. or such other owner. You acknowledge that you do not acquire any ownership rights by downloading trademarked and copyrighted material. It is strictly prohibited to remove, obscure, or alter copyright notices, trade names, trademarks, service marks, logos, or other distinctive brand features or other proprietary rights notices affixed to or contained within this Site or its Content. You agree not to reproduce, lease, display, transmit, use, distribute, or create derivative works based (in whole or part) on all or any part of our Site and its Content. This website is expressly owned and operated by beautywellnessover40 Corp.. The design of this Web Site and all text, graphics,  logos, images, photographs, expressions, “look and feel,” video, information, content, arrangement of such content, and other material ( collectively “Content”) 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 the prior written permission of the owner of such material. The content, software, and other technology components of this Web Site are beautywellnessover40 Corp’s property or licensed property.  All worldwide rights are reserved. This Site and its Content are intended solely for your personal, noncommercial use. Any use of this Site or its Content other than for personal, noncommercial purposes is prohibited. Content may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify this Site or any part of this Site, including any Content, in any way, or copy, reproduce, republish, upload, post, encode, translate, transmit, publicly display, perform, 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. You may download or electronically copy and print any of the Content displayed on this Site for your personal, noncommercial use. If you download, copy, or forward via e-mail any part of the Content, no right, title, or interest in those materials is transferred to you.

           beautywellnessover40 Corp. does not necessarily endorse and is not responsible for the accuracy or reliability of third parties’ statements on biofitgardenlab.com.

“User Content” Your Comments: User Information 

We welcome your comments, feedback, notes, messages, ideas, suggestions, pictures, or other communications (collectively “Comments”) sent to  beautywellnessover40 Corp., which shall be and remain the exclusive property of beautywellnessover40 Corp Personally identifiable information that you voluntarily post on any part of this Web Site that is viewable by the public is not subject to this Web Site’s Privacy Statement and is considered User Communications. Other than personally identifiable information (which is subject to this site“Privacy Policy”) such as possible credit card information processed and protected by First Data, though we decided to only sell through a reliable third party platform: Amazon.com, which would be subject to this Web Site’s Privacy Statement, any material, information, videos, pictures, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary.You are responsible for any information, text, pictures, or other material that you post. You agree, represent, and warrant that any User Content you post on the Site to us directly or indirectly (including through the use of hashtags on third party social media platforms), is truthful, accurate, not misleading, and offered in good faith and that you have the right to transmit such User Content. You shall not upload, post, or otherwise make available on or through a Site any User Content protected by copyright, trademark, or another proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from copyright infringement, trademark, proprietary rights, or any other harm resulting from such User Content. You grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sub-licensable, irrevocable, and unrestricted right, and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in all media and for advertising or promotional purposes. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through a Site, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of a Site and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights concerning attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “Contact Us” forms, product order pages, job application portals, or other forms that are intended to be confidential will be handled following our Privacy Statement and will not be publicly disclosed, except as described in our Privacy Statement or otherwise approved by you.

PLEASE DO NOT POST OR SEND US ANY IDEAS, SUGGESTIONS, OR OTHER USER contents THAT YOU WISH TO KEEP PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us.

  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 any such User Communications content, 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 our parent, subsidiaries, successors, 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 of Use are later modified or terminated, without any compensation to you.  You agree to waive all moral rights in any User Communications in favor of beautywellnessover40 Corp. may, at its option and in its sole discretion, use, post, distribute, critique, a quote from, characterize and/or refer to your User Communications or any portion thereof.

 

Your Authorized Use of Our Site. 

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, violent, hateful, tortious, vulgar, intimidating, fraudulent, pornographic, or profane material or any material, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, including unauthorized or unsolicited advertising, 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 Web Site. 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.

You may not:

  -Reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or this Site as a whole, or any related software; 

– Use any data mining, robots, or similar data gathering or extraction methods; (c) manipulate, duplicate, or otherwise display this Site, Content or any portion thereof by using framing or similar navigational technology; 

– Register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any Site product or service if you are not expressly authorized by such party to do so; 

– Use this Site or Content, including any of the features, tools, and service on this Site, for any reason other than for its intended purpose, including to communicate with Green Lab, Inc. or conduct any Inappropriate Activities, as defined below. You may not attempt to gain unauthorized access to any portion or feature of this Site, any other systems or networks connected to this Site, any beautywellnessover40 Corp.server, or any of the services offered on or through this Site, by hacking, password “mining” or any other illegitimate means. 

– Post to or transmit through the Sites any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;

– Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;

– Violate, or attempt to violate, the security of a Site;

– Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;

– Use scripts, macros, or other automated means to impact the integrity of voting, ratings, or similar features;

      • Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Sites.

You agree that you will not take any action that intentionally imposes an unreasonable or disproportionately large load on the infrastructure of this Site or beautywellnessover40 Corp.’s systems or networks, or any systems or networks connected to this Site. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site or with any other person’s use of this Site. You may not use this Site (including any Content) to solicit the performance of any illegal activity or other activity that infringes the rights of Green Lab, Inc. or others. You acknowledge that your failure to abide by these Terms and Conditions may subject you to civil and criminal liability.

Your links from Our Site. 

You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory, or otherwise defamatory manner and provide that the linking site does not contain any material that is pornographic, obscene, illegal, offensive, harassing or otherwise objectionable in our judgment. This permission may be revoked at any time.

Any permitted links to this Web Site must comply will all applicable laws, rules, and regulations.

Third-Party Links from Our Site. 

This Web Site may contain links to Websites that are not owned, operated, or controlled by  beautywellnessover40 Corp) or its affiliates from time to time. If you use these links, you will leave this Web Site. 

We may provide on the Sites solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding or endorse or otherwise sponsor any linked sites or the information appearing thereon or any of the products or services described thereon. We do not guarantee the validity, accuracy, completeness, or reliability of any opinion, advice, service, offer a statement, or other Content on our Sites other than those from our authorized representatives acting in an official capacity. Under no circumstance will we be liable for or connected with any loss or damage caused by your reliance on any Content.

Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links. Any linked site is authorized to use any of our trademarks, logos, or copyright symbols.

Under no circumstance will we be liable for or connected with any loss or damage caused by your reliance on any Content.

If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk. We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, Pinterest, and Instagram (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use. These third-party services are unrelated to this Site, and your use of such third party services is subject to the terms and policies of those services. This Site may also provide certain social media features that enable you to send e-mails or other communications with certain content or links to certain content on this Site. You may use these features solely as they are provided to us and solely concerning the content they are displayed with.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES, AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Interactive Features

We may host message boards, user-generated content, promotions, product reviews, blogs, and other interactive features or services through which users can post or upload User Content (each, a “Forum”) on our Sites. We do not endorse User Content posted in Forums and cannot guarantee the accuracy or authenticity of such User Content and act only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging.

You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Sites and may employ anonymous user names when doing so. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.

You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on a Site or any Forum; (b) monitor User Content and Forums; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party to operate a Site, to protect us, our Site visitors or others, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose we deem appropriate. If you see User Content on our Sites that you believe violates the terms of this Agreement, please contact us.

Promotional Offerings. 

Certain offerings on this Site may contain additional legal terms. Your use of or participation in such offerings will be subject to the additional terms as well as these Terms and Conditions. To the extent such additional terms conflict with these Terms and Conditions, the additional terms shall control. beautywellnessover40 Corp reserves the right to void, cancel or suspend any promotion at any time without notice

Accounts:

 YOUR INFORMATION IS IMPORTANT TO US: Account Registration & Security

At beautywellnessover40 Corp, we are serious about issues of security and privacy. In general, you are not obligated to register to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that someone else is already being used; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person, or that is offensive.  You may only have one active Registered User account on each Site at any given time, and you may not allow other people to use your account to access a Site.

Any customer information obtained by beautywellnessover40 Corp is used solely for internal purposes, and we will not sell, rent, distribute, or share your personal information. You understand that you may need to create an account to place orders and access all of the Web Site parts. To use those restricted portions of the Web Site, you will: (a) provide true, accurate, current, and complete information about yourself and your business as prompted by the Web Site’s registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or green Lab, Inc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, beautywellnessover40 Corp.. has the right to suspend or terminate your account and refuse all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Web Site using your account information. You agree to exit from your Registered User account at the end of each session if you use a device shared with another person. You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password, or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take all actions we deem necessary or reasonable to maintain our Sites’ security and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. Please note that anyone able to provide your personally identifiable information will be able to access your account, so you should take reasonable steps to protect this information.

 

Descriptions and Orders 

All features, content, specifications, products, and prices of products and services described or depicted on this Web site, biofitsupplements.com (this “Web Site”), are subject to change at any time without notice. We may make improvements and/or changes in products or services described on the Sites, add new features, or terminate a Site at any time without notice. We also: (a) reserve the right to change the goods and services advertised or offered for sale through a Site, the prices, ingredients, or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on a Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on a Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on a Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process any order for such reason, we will either not charge you or will apply a credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of this section’s provisions may not apply to you. Products sold on the Sites are intended for end-use in the United States and are not labeled or intended for international distribution. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. 

If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions, an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, you may contact us for a refund of tax overcharges at any time up to two years from your date of purchase. This right to a refund is your exclusive remedy for sales tax errors.

All orders are subject to any shipping prices and rules and the Returns & Exchanges Policy posted on the Site on which you are ordering. Please read these descriptions thoroughly before purchasing products currently on Amazon.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the possession, use, and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Shipping Limitations. 

No order is placed on our website. As a result, the risk of loss and title for items purchased from this Site pass to you upon delivering the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Copyright/ Trademark Infringement Notices. 

If you believe that any Content on a Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

(1) A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;         

(2) The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with sufficient information to enable beautywellnessover40 Corp) to locate the alleged infringing material;

(3) Your name, mailing address, telephone number, and email address;

(4) The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6) A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Designated Agent: 

Senior Trade Mark Counsel Bryan Cave.

kjbarkhorn@bryancave.com

1290 Avenue of America

New York, NY 10104-3300

We will terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer.

Updates to this Agreement

We may revise or otherwise change or update this Agreement from time to time. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement?there may have been changed to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Sites. Your continued use of a Site will signify your continued agreement to this Agreement as it may be revised.

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

Children

Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13. YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SITES. If you are under the age of majority in your home state, which is 18 in most states, you may not establish a registered account with us, and you should use our Sites only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Sites or sections of our Sites, as well as promotions, programs, and commerce we may offer on a Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Sites or certain sections or features of our Sites, you should not attempt to do so.

Under 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such sites.

Other Policies

This Agreement applies exclusively to your access to and use of the Sites and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs, or otherwise. Additional policies and terms may apply to the use of specific portions of a Site (such as our Ratings and Review features) and to purchase certain merchandise or services and are included as part of this Agreement.

Any sweepstakes, contests, coupons, rebates, or other promotions made available through a Site will be governed by specific rules separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein. In addition to describing such promotion, you may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration, submission, and/or entry are valid; you agree to read and abide by the applicable rules.

We have also adopted a Privacy Statement that you should refer to understand how we use and collect information fully. To learn about our privacy practices, please refer to our Privacy Statement.

Additional Terms

Note to New Jersey Consumers

If you are a consumer residing in New Jersey, the following provisions of this Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, Arbitration and Class Action Waiver the California governing law provision (to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

Termination

The Sites and this Agreement are in effect until terminated by us. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to a Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning the protection of intellectual property rights, authorized use, user-submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, you must destroy all Content obtained from the Sites and all copies thereof. You agree that if your use of a Site is terminated under this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from all liability that we may incur, therefore. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Even after the termination of this Agreement or your account or access to a Site, any User Content you have posted or submitted may remain indefinitely on a Site.

Disclaimer of Medical Advice

THE CONTENT CONTAINED ON SOME OF OUR SITES MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS, NATURAL PROCESSES, AND/OR NATURAL THERAPIES (including, but not limited to, information that may be provided on this Site by healthcare or nutrition professionals employed by or contracting with Green Lab, Inc.) THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.  OUR SITES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY.  IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON A SITE. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, USERS’ CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR USERS’ CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT.

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. If you are pregnant, become pregnant, breastfeeding, take any medications, or have a medical condition, you should consult your health care professional before use and read all product packaging carefully before use.

Recipes or wellness advice. 

As part of the Web Site, Bio Fit Supplements by Garden Lab.Inc. May offer advice and information dealing with eating healthy or other recommendations and allow recipe submissions by various sources, including Web Site users. Bbeautywellnessover40 Corp in no way provides any warranty, implied or otherwise, towards the content of recommendations submitted by any user, visitor, or other entity. As such, it is your responsibility to determine the value and quality of any advice or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recommendations taken from our Web Site and prepared are done so “at your own risk.” beautywellnessover40 Corp is not responsible for any damage, medically or otherwise, resulting in food preparation using the instructions or recommendations provided on this Web Site. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the advice listed on this Web Site.

beautywellnessover40 Corp. EXPRESSLY EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY THAT THE PRODUCT IS FIT FOR ANY PARTICULAR PURPOSE. 

 

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON A SITE OR ANY OTHER SITES LINKED TO OR FROM A SITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH A SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF A SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS, AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE A SITE, A SITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR $100.

Indemnity

You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, and contractors harmless from and against all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with a Site; or (iii) the Content or other information you provide to us through a Site.

Consent to Communication 

When you use a Site or send communications to us through a Site, you communicate with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating a Registered User Account, or otherwise providing us with your email address, postal address, or phone number, you agree that our agents or we may contact you at that address or number in a manner consistent with our Privacy Statement.

International Users

Each Site is controlled, operated, and administered by us (or our licensees or agents) from our offices within the United States of America and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Each claim or statement about our products’ effectiveness or comparing our products’ effectiveness is expressly limited to the United States unless otherwise disclosed. WE DO NOT REPRESENT OR WARRANT THAT A SITE, OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access a Site do so on their own initiative and at their own risk and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit a Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

Accuracy of Information. 

We attempt to ensure that information on this Web Site is complete, accurate, and current. Despite our efforts, this Web Site’s information may occasionally be inaccurate, incomplete, or out of date. beautywellnessover40 Corp does not warrant or accept any responsibility or liability regarding the completeness, accuracy, or currentness of any information on this Web Site. For example, products included on this Site may be unavailable, have different attributes than those listed, or actually carry a different price than that stated on this Site. Also, we may make changes in information about availability without notice.

DISCLAIMERS: YOUR USE OF THIS SITE 

             iS AT YOUR RISK. beautywellnessover40 Corp  DOES NOT WARRANT THAT THIS SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THIS SITE MAY BE OUT OF DATE, AND NEITHER GREEN LAB, INC., NOR ANY OF ITS RESPECTIVE AFFILIATES make ANY COMMITMENT OR REPRESENTATION THAT ANY CONTENT, ITEMS OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT OR SERVICES. THE INFORMATION, MATERIALS, and SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITH ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GREEN LAB, INC NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER GREEN LAB, INC NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS 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 WEB SITE 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 concerning THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. 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. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, following SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES following THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

           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.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST GREEN LAB, INC, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEB SITE.

Disputes, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND beautywellnessover40 Corp HAVE AGAINST EACH OTHER ARE RESOLVED.

This Section is deemed a “written agreement to arbitrate,” according to the Federal Arbitration Act. You and beautywellnessover40 Corp agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, according to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Web Site, (ii) any purchases or other transactions or relationships with beautywellnessover40 Corp, or (iii) any data or information you may provide to beautywellnessover40 Corp may gather in connection with such use, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or arbitration. You agree to binding arbitration as provided below by using or interacting with the Web Site or engaging in any other beautywellnessover40 Corp Transactions or Relationships with us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Web Site, you agree that any complaint, dispute, or disagreement you may have against beautywellnessover40 Corp. And any claim that beautywellnessover40 Corp. may have against you, arising out of, relating to, or connected in any way with these Terms and Conditions, our Privacy Statement, or any beautywellnessover40 Corp. Transactions or Relationships shall be resolved exclusively by final. Binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted following the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the arbitration is initiated or, if the amount in controversy exceeds $100,000, following the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead and conducted following the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect, which would apply to the matter in dispute, beautywellnessover40 Corp. agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions outlined in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator is selected according to the Applicable Rules or by mutual agreement between you and beautywellnessover40 Corp. (the “Arbitrator”);

(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and Conditions and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;

(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) under the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel over 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

(d) Governing Law. The Arbitrator (i) shall apply internal laws of the Commonwealth of Pennsylvania consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Pennsylvania or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

(e) No Class Relief. The Arbitration can resolve only your and/or Bio Fit Supplements by Garden Lab, Inc’s (name amended in September 2020 from beautywellnessover40 Corp)’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

(g) Arbitration Costs. If you can demonstrate that the costs of arbitration will be prohibitive compared to litigation costs, beautywellnessover40 Corp. Will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

(h) Interpretation and Enforcement of Arbitration Clause. Except for subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed following its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor beautywellnessover40 Corp. shall be entitled to arbitrate their dispute and instead bring any claims in a court of competent jurisdiction.

(i) Modification of Arbitration Clause With Notice. Bio Fit® Supplements by Garden Lab®.Inc. May modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after beautywellnessover40 Corp. has given notice of such modifications and only on a prospective basis for claims arising from beautywellnessover40 Corp. Transactions and Relationships occurring after the effective date of such notification.

(j). Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against beautywellnessover40 Corp. in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

Access and Interference. You agree that you will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site, or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

Right to Takedown Content. beautywellnessover40 Corp.shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Web Site at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to violate the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms and Conditions access to the Web Site or any part thereof.

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 Web Site 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 at beautywellnessover40 Corp Marketing Department -217 E 70 Street, STE 36, New York NY 10021

email: info@gardenlab.green

.

GENERAL TERM20Wednesday, July 26, 2017S

These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining terms shall remain in full force and effect. The failure of  beautywellnessover40 Corp) to act concerning a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit beautywellnessover40 Corp.’s rights concerning such breach any subsequent breaches. Any action or proceeding relating to the use of this website, catalogs, or any transaction with beautywellnessover40 Corp shall be governed by and construed following the laws of the State of North Carolina. Any action or proceeding relating to the use of this website, products, or any transaction with beautywellnessover40 Corp. Must be brought only in the General Courts of Justice in New York City shall have exclusive jurisdiction and venue over any dispute arising out of these Terms and Conditions.

Last revised: February 2021

Your Information Is Important To Us

At biofitgardenlab.com;  Garden Lab,  line of Beautywellnessover40 Corp, we are serious about issues of security and privacy. 

Beautywellnessover40 Corp. provides this Privacy Policy Statement (to inform you of our practices regarding the collection, use and disclosure of information that you provide to us or that we collect from you through our websites and other online or mobile services, applications or advertisements that link to this Privacy Statement,

Before using our Properties or providing information to us, please carefully review this Privacy Statement. By using one of our Properties, including registering for an account or accessing one of our Properties, you agree that we may collect, process and use your information in accordance with this Privacy Statement, as revised from time to time.

Highlights of Our Practices

This section is intended to provide you with a basic overview of the privacy practices described in this Privacy Statement. For complete details on our practices, please read this entire Privacy Statement.

Information We Collect:

We collect information about you from a variety of sources, including:

Information you provide to us directly, such as when you fill out a registration or contact form;

Information automatically collected when you visit or use our Properties, such as information on how you were referred to our site and what you do on our site; and

Information from third parties, such as our vendors, advertising networks and business partners as well as social networks in which you participate.

Read more about what information we collect

How We Use Your Information:

We use the information we collect to fulfill your requests, conduct transactions with you, communicate with you about our products and other matters, manage our Properties, and conduct research and analysis.

We and other parties may display behaviorally targeted advertising to you across the Internet based on your use of our Properties.

We do not sell or rent your personal information to third party marketers.

We may combine all the information we collect about you.

Read more about how we use your information

How We Share Your Information:

We may share your information:

With our third party service providers that assist or support our business operations, such as fulfillment, research, advertising, marketing and technology;

With our affiliates, retailers and third party business partners for research, analysis and other purposes, but not for their direct marketing purposes;

With other parties in a form that does not identify you;

If all or part of our business is sold to another company;

To protect and defend our or other parties rights, safety and property; and when required by law and/or government authorities.

Read more about how we share your information

Your Choices:

If you have opted in to receive communications from us, we may send you emails, text messages or other communications containing newsletters, special offers and other information.

You can stop receiving promotional messages by following the instructions contained in such communication, or if applicable, by logging into the communication preference center on the website associated with your account.

We may participate in interest-based advertising initiatives that result in advertisements targeted to you based on your online behavior. You can learn more about what interest-based advertising is running on our Properties and how to opt-out by clicking the AdChoices link at the bottom of our web pages or by visiting the opt-out pages of the Digital Advertising Alliance and Network Advertising Initiative directly.

Read more about updating your information and opting out of communications

What Information We Collect

We may collect several types of information about you, including:

Personal information:

We may collect personal information through your use of the Properties, such as when you register for our Properties, subscribe to receive our communications, update your account information, enter contests or sweepstakes, respond to surveys, rate or review products, make purchases, contact us with questions or comments, apply for a job, connect with us through social networks, submit user generated content or participate in our online forums, promotions and social media platforms.

This personal information can include data attributes like your full name, username, password, email address, telephone number, physical or billing mail addresses, date of birth and other information you may provide to us, as well as credit card numbers or, in some limited cases, national ID numbers, like your social security number, for tax reporting purposes related to some high-value promotional prize awards. It may also include other personally identifiable information we have collected from you, such as your attitudes and opinions about and usage of our products, demographics, interests, household or lifestyle information, job description, satisfaction with our website and newsletters, your purchasing behavior or history and your browsing, downloading and other internet activity. Additionally, it may include a resume or curriculum vitae or other information you submitted in connection with a job application or inquiry. If you have contacted us on behalf of a business or other entity, we may also collect your work contact information and details about your business or entity that you provide.

We also collect information that is publicly available or provided by third parties. For example, we collect certain information that is posted on social media sites, blogs and other websites. We may also purchase or obtain e-mail lists, customer leads and other data sources from third parties for our advertising and marketing purposes.

In some instances, we may combine information you provided us with other information about you, such as combining your name with your geographic location or your browsing or purchasing history. We also may combine personal information with information we receive about you from outside sources. For example, we may obtain commercially available demographic or profile information about you from third parties, receive device information from mobile applications or advertisements or match your profile with information about you provided by retailers or data brokers.

Device information we collect through our Properties:

Server log files: An Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider and is identified and logged automatically in our server log files whenever you visit one of our Properties, along with the time of the visit, the page(s) that were visited and other information related to your visit. We use IP addresses for purposes such as routing visitors to the appropriate website for the visitors country, calculating usage levels, helping diagnose server problems, and administering our Properties. If you accessed one of our Properties using a mobile device like a smartphone, we may also collect your phone’s unique device ID and other similar mobile device data.

Cookies and similar technologies: A Cookie is a small text file containing a random and unique alphanumeric identifier that our Properties may transfer to your computer’s hard drive through your web browser that enables our systems to recognize your browser. We employ technologies like Cookies, web beacons, clear GIF, pixel or Internet tag technologies to uniquely identify your account, or the IP address associated with your Internet device. We also permit third parties to gather information on our websites, including for advertising purposes, through these technologies, as described below. Cookies and the other technologies mentioned above provide information related to the ways consumers interact with our advertising or our Properties, like browser type, browsing behaviors, user web requests, pages and content viewed, the number of new visits or log-ins, search engine referral, affiliate referrals, traffic driven by banner ads or other promotions, which items are placed in shopping carts and which are abandoned, conversions and what purchases were made and zip codes. These technologies can contain or store personal and other information (such as if you have previously registered on our Properties or consented to the retention of certain personal information) and allow web browser servers to recognize return visits to our Properties and improve web browsing navigation or the quality and delivery of certain features or customized content through our Properties. Some Cookies (known as â persistent cookies) will remain on your computer or Internet device until you delete them, while others (are automatically erased when you exit your Internet browser. You can set your computer or Internet device to accept or reject most Cookies, or to notify you in most situations that a Cookie is offered so that you can decide whether to accept it. However, if you block Cookies, certain features on our Sites may not function. Additionally, even if you block or delete Cookies, not all tracking will necessarily stop.

Flash LSOs: We and our third-party service providers may use Flash Local Storage Objects in certain situations, including to recognize you and remember your preferences or other details about your visit. Flash LSOs are different from browser Cookies because of the amount and type of data stored. In addition, you generally cannot control, delete or disable the acceptance of Flash LSOs from your browser. For more information on Flash LSOs, and to learn how to control them, click on the support page for your Flash player and choose Global Storage Settings Panel and follow the instructions. To see the Flash LSOs on your computer now, go to your Flash players Website Storage Settings Panel and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

Third-party applications and APIs: We also offer and deliver services, content or interactive features through and/or using third party application programming interfaces (API), gadgets, extensions that are hosted on our Properties or through other third party websites, or social networking platforms. When you participate in these services, products, applications, or otherwise connect with, or accept or allow third party applications, networks, platforms or services through our Properties and/or one of our services or products, you are authorizing those third parties to receive your information and additionally to potentially share any or all of your information with us, based on your privacy or other settings on the particular third party network or platform. Any personal or other information we receive by these means will be treated and/or processed according to this Privacy Statement.

Location data: Some of our Properties may allow you to submit information about your general location, such as your zip code or address, in order to locate stores that sell our products or provide other location-related services. With your consent, some of our Properties also may capture and record certain precise geo- location or global positioning data from your device in order to provide location-related functionality. We may link such location data to other information that you provide to us or that may be accessed in connection with your use of our Properties. If we combine any location information with personal information, we will treat the combined information as personal information as long as it is combined.

Analytical and statistical information we collect through our Properties:

De-identified information: We may conduct surveys and otherwise collect information that does not uniquely identify any individual. This might include demographic information like age and income range, gender, education, household size and marital status, as well as information from which identifying particulars have been removed. If this information does not personally identify you, we may collect, use and disclose such information for any purpose.

Website analytics: We may work with third-party service providers who use the technologies described in this Privacy Statement above to conduct website analytics to help us track and understand how visitors use our Properties. For example, we may use companies like IBM Coremetrics, a third-party web analytics service provider, to help us improve our website performance and user experience. You can review the IBM Coremetrics privacy policy and its opt-out tool, by clicking here.

How We Use the Information We Collect

We may use the information we collect about you for purposes such as to:

-complete transactions you have requested or fulfill orders you have placed;

-respond to or follow-up on your comments, reviews, inquiries and other requests;

-deliver targeted advertising, communications, product solutions or content, as well as services you have requested;

-conduct research and analysis related to our business, products or Properties;

-¦improve our products, services or Properties and tailor them to your usage or preferences;

-communicate with you about contests, sweepstakes, loyalty or rewards programs, coupons, rebates, promotions or other matters which you have entered or joined or for which you have requested information;

-¦implement social networking features you have activated;

-publish your reviews, comments, photos, videos and other content you have posted to one of our interactive or user-generated features;

-communicate with you about your account or your use of our Properties;

-¦enforce the terms of use of our Properties or otherwise manage our business; and

-if you have opted-in to receive news, special offers or other information from us or one of our brands by email or text message, send you promotional messages we think will be of interest to you. If you no longer want to receive these direct marketing communications, you may opt-out of such communications by the methods describe in the “Opting Out of Communications section below.

Information Sharing and Disclosure

We do not sell or rent your personal information to third parties. From time to time, we may share your personal information with our affiliates, service providers, sales brokers, retail partners and other third party business partners (and their service providers), such as in the following circumstances:

– to conduct research and/or analysis regarding products, consumers and other matters;

– to allow us to better understand your interests, activities, demographics and profile;

– to prevent such parties from sending promotional messages on our behalf to people who have asked us to not send such messages; or

– if you have opted-in to receive promotional communications from us, send a tailored promotional communications to you jointly offering a product or service.

We will require these parties to maintain the confidentiality of your personal information, and will not authorize them to use the personal information we provide for their direct marketing purposes (as defined the California Law, California Civil Code §§ 1798.83) unless we have explicitly given you the option to opt-in or opt-out of such disclosure.

We rely on third party service providers to perform a variety of services on our behalf, and we may disclose your personal information to such service providers, such as fulfillment services, sweepstakes and contest administrators, email and texting providers, loyalty and rebate program operators, technical support providers, ad serving companies, customer service providers, delivery services, e-commerce providers, credit card processers and research and analytics providers. However, we do not authorize these third parties to use your data for purposes other than for which it has been provided, and do not authorize these third parties to disclose that information to unauthorized parties or use that information for their direct marketing purposes.

Additionally, we will use and disclose personally identifiable information we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. In addition, we may transfer personal information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.

We may offer community features and public interactive forums through our Properties, like discussion boards, product reviews, chat rooms, forums, wikis, social networking platforms and blogs. When you participate in such offerings, your username, postings and other personal information you choose to provide or communicate in these public spaces may be seen by others, and you should exercise caution when disclosing such information and realize that information you post could remain viewable in cached or archived webpages or copied and stored by other users even after you remove it. We cannot control the actions of other users of our Properties, and we are not responsible for the results of your postings. Furthermore, when you participate in these interactive features, you may be agreeing to terms of use that, among other things, allow us to use your name and other information in our marketing and advertising.

We may share aggregated, statistical or anonymous information that does not identify you with third parties. For example, we may disclose the number of visitors to our websites, the number of people who have downloaded a particular coupon or the number of people from a certain state who purchased a product from one of our e-commerce websites.

We occasionally partner with other companies to run joint promotions or offer you separate third party promotions. When you provide information for these promotions, please note whether you are providing your information directly to that party to use for their own marketing purposes. In such instances, their use of your information will be governed by such party’s own privacy policy.

Your California Privacy Rights. If you are a California resident, you may have the right to request and receive certain information about a company’s disclosure of your personal information to third parties for their own direct marketing use, and your choices with respect to such disclosures. Because we do not share your personal information with third parties for their own direct marketing use unless you are first given the opportunity to opt-in or out, we are exempt from this requirement. If you still wish to learn more about our compliance with this requirement, please contact us using the methods listed below under “Contacting Us.â€

Interest-based Advertising

We may place or recognize a unique Cookie on your browser when you visit our Properties for purposes of serving you targeted advertising (also referred to as online behavioral advertising). We also allow third-party companies to place their own Cookies on your browser when you visit our Properties, so that they can collect personally identifiable information about your online activities over time and across different sites and serve customized advertisements to you as you browse the Internet. These advertising companies may participate in the Self-Regulatory Program for Online Behavioral Advertising managed by the Digital Advertising Alliance. As part of this program, our targeted advertisements may be delivered with â AdChoice  icons that help you understand how data about you is being used and provide you with the ability to opt out of such behaviorally targeted advertising. Additionally, our Properties that participate in interest-based advertising may also contain such icons. Please click on an AdChoices icon to learn more about your choices with respect to interest-based advertising. From a mobile device, please visit the Digital Advertising Alliances AppChoices website to download a free app that allows you to set preferences for data collection and use across mobile apps. When you click an AdChoices icon on our Properties, you will also be provided with a list of third parties collecting behavioral advertising data on that Property; please visit the privacy policies of those service providers, including Oracle/BlueKai, BazaarVoice, RadiumOne and Quantcast, to learn more about how they collect and use data and the opt out choices they provide. To learn more about the Self-Regulatory Program for Online Behavioral Advertising, please visit http://www.aboutads.info/choices/. You can also generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) by visiting the opt-out page on the NAI website. While some browsers have a âdo not trackfeature that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and our Properties are not currently set up to respond to these signals. However, you have various choices and options as described in this Privacy Policy Statement regarding advertising and marketing communications.

Accessing and Updating Your Personal Information

We will retain personal information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or allowed by law. If you have created an online account on one of our websites and would like to update the personal information you have provided to us, you can access your account on the applicable website to view and make changes or corrections to your personal information. You may also contact us using the methods described below under Contacting us to request access or updates to your information. We will try to comply with your request as soon as reasonably practicable.

Opting Out of Communications

If you no longer want to receive marketing-related emails from one of our brands on a going-forward basis, you may opt-out of receiving marketing-related emails by clicking the unsubscribe link at the bottom of any email newsletter you receive from that brand, or, if you created an online account when you registered to receive our emails, you may log-in to your account on the applicable brand website and make changes to your communication preferences. If you no longer want to receive promotional text messages from one of our brands, please follow the cancellation instructions contained in the last text message sent by that brand. If you are having difficulty unsubscribing from our marketing communications using the above methods, please contact us directly using the methods listed below under “Contacting Us.â€

Please allow ample time for us to process your request. However, please note that even if you opt-out from receiving marketing emails or text messages, we may still need to send you communications about your orders, customer service inquiries, promotions participation and other matters. We also may keep information we have collected about you for record-keeping, research and other purposes. Also, please note that if you participated in a promotion that involved a third party, and, as part of that promotion, you agreed to receive future marketing communications directly from that party, you will need to contact that party to opt-out of such communications. This process may be outlined in that party’s privacy policy.

Security

We use commercially reasonable organizational, technical and administrative means intended to protect stored and transmitted information from loss, misuse and unauthorized access or disclosure, and we encrypt credit card numbers from e-commerce transactions conducted on our Properties using secure socket layer (SSL) technology. Your credit card information is processed and protected by First Data, which is a world leader in digital security using industry-standard security technology.

However, no method of Internet transmission or electronic storage is 100% secure or error-free, so we unfortunately cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please contact us immediately.

Websites Not Covered by this Privacy Statement

Our Properties may contain links or references to other websites or services that are managed by third parties or that are managed by us but contain a different privacy statement. This Privacy Statement governs only information that we collect through our Properties that link to this Privacy Statement, and not to websites, services or applications that do not link to this Privacy Statement or that are maintained and controlled by other companies or organizations, including third party websites linked to from our Properties, as well as communications from third parties that reference our company or products.

For example, some of our Properties may offer you the ability to make purchases using third-party e-commerce providers or payment services. In those instances, you will be directed to a webpage that is hosted by the third party (or its service providers) and not by us. Unless otherwise stated, any personal information that you provide through that third party webpage will be collected by that party and not by us, and will be subject to that party’s privacy policy, rather than this Privacy Statement. In such a situation, we will have no control over, and shall not be responsible for, that party’ s use of the information you provide to them.

Please note that many of the websites we operate outside of the United States are governed by separate privacy policies linked to from those websites. This Privacy Statement also does not cover the offline collection of information by us unless you have been notified that this Privacy Statement applies at the time of collection.

The collection and use of your information by and through third party websites, applications or other means will be governed by the privacy policies applicable to those third parties and mediums. The inclusion of a link or reference on the Properties does not imply endorsement of the linked site by us or by our affiliates. Websites may contain our name, logos, products or other branding even though they are actually operated by third parties that may or may not have a relationship with us. Therefore, we encourage you to read the privacy statement of every service, application, or website you visit or interact with.

Children

Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13. YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SITES. If you are under the age of majority in your home state, which is 18 in most states, you may not establish a registered account with us, and you should use our Sites only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Sites or sections of our Sites, as well as promotions, programs and commerce we may offer on a Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Sites or certain sections or features of our Sites, you should not attempt to do so.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such sites.

Children under the age of 13 should not use our Properties and should not provide their personal information to us.

Cross-Border Data Transfers

Because we operate globally, your personal information may be stored and processed in any country where we have facilities or in which we engage service providers. By using our Properties, you consent to the transfer of information to countries outside your country of residence, including the United States, which may have different data protection rules than in your country.

Contacting Us

Please direct any inquiries related to this Privacy Statement or personal information we have collected about you to our Privacy Team by sending mail to At Beautywellnessover40 Corp. 217 E 70 Street STE 36, NEW YORK, NY 10021. If you have any questions or comments about our company or our products or have other customer service needs, please email: admin@beautywellnessover40.com or information on contacting our consumer service representatives.

Changes to this Privacy Statement

We will update this Privacy Statement from time to time to reflect changes to our practices, technology, legal requirements and other factors. Please check the Last Revised legend at the top of this page to see when this Privacy Statement was last revised. When changes are made to this Privacy Statement they will become immediately effective when published in a revised Privacy Statement posted on this page unless otherwise noted. Your use of the Properties following these changes indicates your consent to the practices described in the revised Privacy Statement.

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