Terms and Conditions / Disclaimer

Last Updated: June 2018

TERMS OF USE

This page contains important information about the relationship between you ("Purchaser") and Emetabolic, Inc ("Website" or "Site") and its affiliates, and their officers, directors and employees ("EMETABOLIC, INC.") relating to this website and any products and/or services offered thereunder.  Please review this information carefully before ordering on weightlossmrc.com. If you have any questions regarding any information on this page, please contact us for clarification.

GENERAL TERMS & CONDITIONS

1.  By placing an order through this Website, the Purchaser is deemed to have read and accepted these Terms and Conditions.

2.  The Purchaser represents that he or she has reached the age of majority where he or she lives and that he or she has the legal ability to accept these Terms and Conditions and to use the site in accordance with these Terms and Conditions.

3.  Purchasers of products through this Website understand and acknowledge that these products have not been approved by the government authorities for pharmaceutical use. These products are not intended to diagnose, treat, cure, or prevent any disease. The products are sold as alternative medical supplements. The Purchaser shall ensure that the end-user or anyone who receive the products understand the same.

4.  The Purchaser agrees to follow the directions provided by EMETABOLIC, INC, in the proper handling and use of the product.

5.  EMETABOLIC, INC, is not liable for any damages or injuries incurred to any individuals who have purchased and used the products hereof. The Purchaser accepts full liability for the use of the product or service provided by this Site.

6.  The Purchaser vouches that he/she will not take any legal action against EMETABOLIC, INC. or any other person or entity that is providing products or services offered hereunder. This includes any entrapment procedures initiated by private individuals, organizations or government agencies.

7.  Confirming and abiding by each country's importation requirements is the responsibility of the Purchaser. EMETABOLIC, INC. is therefore not liable for replacement or refund of products which are confiscated by custom or the payment of any taxes, duties or customs fees due on products purchased from our Site.

8.  If an incorrect order is sent or a delivery error is made because of a EMETABOLIC, INC, error, the order will be rectified immediately and will be sent at no additional cost to the Purchaser. The incorrect order must however be returned to EMETABOLIC, INC, or the cost of these products will also be charged to the Purchaser.

9.  Prices are subject to change without notice dependent on international currency fluctuations and manufacturing costs.

10.  EMETABOLIC, INC, reserves the right to waive certain conditions with individual customers and in particular situations at its discretion. This will not imply a change to the complete Terms and Conditions listed above.

11. EMETABOLIC, INC, reserves the right to modify the products and services, for any reason, and without notice, including the right to terminate the products and services. Please review these Terms and Conditions on a regular basis in order to keep apprise of any changes.

ADDRESS ACCURACY

Please ensure the accuracy of the  shipping address entered at checkout on your order. The Metabolic Web Store and FedEx are not responsible for packages delivered to addresses which were entered incorrectly by a customer.  Please carefully review the invoice emailed to you after placing your order. A fee will be charged for address changes while an order is in transit via FedEx.

RETURN/REFUND POLICY

1.    To qualify for possible credit/refund:

O  All return/refund claims must be made within 7 days from receipt of product.

 O  Products must be unopened and sealed in their original packaging. We are unable to accept returns of any products which have been opened or partially consumed.

O  Products must have been purchased directly from EMETABOLIC, INC, at retail price

O  Products and materials must be returned in most cases, but at the discretion of EMETABOLIC, INC, (we analyze returned products including lot# and/or date on bottles for quality assurance purposes, and then discard the product).

O  Purchasers must call 1-855-346-2391 prior to returning any product and obtain an RMA (Return Merchandise Authorization). Any returned product must be accompanied with a written explanation for return and a copy of the original invoice as proof of purchase.

2.  All Shipping (including insurance) and handling charges from the Original Invoice of the returned products are non-refundable.

3.  The Purchaser is responsible for any shipping and shipping insurance charges for returning the products safely to EMETABOLIC, INC.

4.  For products shipped outside of the United States, any import related fees (customs/duties/taxes) paid by Purchaser are non-refundable.

5.  Any reimbursements will be made via the same payment method chosen by the Purchaser when the product was purchased. Refunds on purchases made with a credit card will only be credited to the same card.

DISCLAIMER

The products and the claims made about specific products on or through this site have not been evaluated the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. Not responsible for typographical errors or misprints. Product availability, pricing, and promotions are subject to change without notice

1. Website Content
The website’s content is not a substitute for direct, personal, professional medical care and diagnosis. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise. Please consult your physician before using any products offered through this website, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. 

2. Weight Loss Results

Results may vary from person to person based on different factors and there is no guarantee for specific results. Testimonials and examples found on this website, EMETABOLIC, INC, are unverified results that have been forwarded to us by users of our product and may not reflect the typical purchaser’s experience, may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found at our website. And literally small changes mean making changes in your habits and lifestyle naturally by putting efforts to change them. 

3. Product Reviews and Testimonials

In accordance with the FTC guide lines concerning use of endorsements and testimonials in advertising, please be aware of the following:

Product reviews and testimonials appearing on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The reviews are not necessarily representative of all of those who will use our products and/or services. The reviews displayed (text, audio and/or video) are given verbatim except for correction of grammatical or typing errors.

EMETABOLIC, INC is not responsible for any of the opinions or comments posted to our web store. EMETABOLIC, INC is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of EMETABOLIC, INC,. EMETABOLIC, INC does not share the opinions, views or commentary of any testimonials on this site, and are strictly the views of the reviewer. Additionally, these testimonials are not intended to make claims that these products can be used to diagnose, treat, cure, mitigate or prevent any disease. These claims have not been clinically proven or evaluated by the FDA.

4. Copyright

All the text, images and other content being part of this Website is property of EMETABOLIC, INC unless noted otherwise. All logos and trademarks are property of their respective owners. You are not allowed to reproduce, sell, and modify any part of this Website. You are welcome to link to this Website, and to discuss its contents in a respectful manner. When You quote or link to this Website, please include the Website’s name (Metabolic Research Center)  in your link. You are not authorized to use this content for personal profit. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. Whenever copyrighted material is mentioned or use, the Author is doing so according to fair dealing practices. Use of material from this Website according to fair dealing practices requires proper acknowledgment. Simply linking back to the Website is not considered proper acknowledgment; please provide a link including the Author’s name, the name of the page you are linking, and a permanent link (“Permalink”) to that page.

5. Trademarks

Weightlossmrc.com, all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of EMETABOLIC, INC and may not be used in connection with any product or service that is not offered by EMETABOLIC, INC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

6. Forbidden Actions

You are not authorized to (i) use this Website to advertise for products of any kind and for other Websites, (ii) to infringe the Copyright policy and Comment policy of this Website, (iii) to attack this Website using malicious software and/or use this Website for data mining (iv) to commit any illegal actions while using the Website, or against this Website, (v) to restrict access to this Website, (vi) to impede the normal functioning of this Website and (vii) to menace the Author with, or cause physical or financial harm to, the Author of this Website.

7. Changes to the Terms
EMETABOLIC, INC reserves the right to change these Terms at any time. It is Your responsibility to make sure that you agree with the new Terms, whenever changes have been announced. Changes to the Terms will be effective 48 hours after the notice has been posted on the Website. If You do not agree with the Terms, DO NOT USE THIS Website.

8. Obligation to Indemnify

You agree to hold EMETABOLIC, INC, its owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the diet plans discussed on this website, excepting only claims for Emetabolic, Inc.'s gross negligence or intentional tort.

9. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules.  By accessing the Website, you agree with EMETABOLIC, INC. that you each (i) irrevocably submit to the exclusive jurisdiction of any federal or state court sitting in Clay County, Florida in respect of any action or proceeding arising under or related to in any manner whatsoever to this Website or any services or products offered or provided thereunder or the transactions contemplated thereby, (ii) agree that all such matters shall in all respects be governed by and construed in accordance with the laws of the State of Florida (without reference to conflicts of laws provisions) and (iii) HEREBY WAIVE THE RIGHT TO HAVE TO A TRIAL BY JURY ON ANY CLAIM, COUNTERCLAIM, SETOFF, DEMAND, ACTION OR CAUSE OF ACTION (I) ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, THESE TERMS AND CONDITIONS OR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED HEREUNDER, OR (II) IN ANY WAY IN CONNECTION WITH OR PERTAINING OR RELATED TO OR INCIDENTAL TO ANY DEALINGS OF THE PARTIES TO THIS AGREEMENT IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE, OR THE CONDUCT OR THE RELATIONSHIP OF THE PARTIES HERETO, IN ALL OF THE FOREGOING CASES WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.  

WARRANTIES

The site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, EMETABOLIC, INC. AND ITS  SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. EMETABOLIC, INC. makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the site. 

LIMITATION OF LIABILITY

EMETABOLIC, INC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH EMETABOLIC, INC IS TO DISCONTINUE YOUR USE OF THE SITE. EMETABOLIC, INC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF EMETABOLIC, INC HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EMETABOLIC, INC AND ITS SUPPLIER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.



If you have any questions about these terms and conditions or related matters, please send an e-mail to websupport@emetabolic.com.

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