Terms Of Service
Please read the following terms and conditions of use carefully before using this website (“Site”).
This Site is operated by Poliquin Performance Center 2, LLC (“Poliquin Group”). These Terms of Use describe your legal rights and responsibilities, and by accessing or using the site, you accept and agree to be bound and abide by these terms of use. These Terms of Use form a legal agreement between you and us regarding your use of the Site, along with related services, features, content, and offers provided on the website.
Copyright, Trademarks and Intellectual Property
All of the content in the Site, including but not limited to text, articles, blogs, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Poliquin Group. The collective work includes works that are licensed to Poliquin Group.
These Terms provide only a limited license to access and use of the Site. Accordingly, you expressly acknowledge and agree that Poliquin Group transfers no ownership or intellectual property interest or title in or to this Site to you are anyone else. All materials, without limitation, graphics, images, HTML, codes, multimedia files, Java codes, logos, buttons, icons, banners and software, contained in this Site are the copyrighted property of Poliquin Group, or its affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names, shown on this Site are proprietary to Poliquin Group, or its affiliates and/or third-party licensors. Unauthorized use of the materials on this Site will violate intellectual property rights. All rights not expressly granted in these Terms are reserved to Poliquin Group or its third-party licensors, whichever is the owner of any specific material. As such, no material from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed, transferred, sold, mirrored, frames, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Nothing contained in this Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site without written permission of Poliquin Group, or the respective owner of the trademark. The use of any such material on any other website or computer environment is prohibited. Furthermore, you may not:
- Use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Poliquin Group.
- Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site;
- Attempt to gain unauthorized access to any portion or feature of this Site including but not limited to, the account of other user(s), or nay systems or networks connected to this Site or to any Poliquin Group Server or to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate or prohibited means;
- Probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach security or authentication measures on this Site or any network connected to the Site.
- Use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor, any portion of this Website or in any way reproduce or circumvent the navigational structure or presentation of this Website to obtain or attempt to obtain any material, documents, or information through any means, not purposely made through the Site;
- Take any action that imposes unreasonable or disproportionately large load to the infrastructure of this Site or Poliquin Group’s systems or networks or any systems or networks connected to the Site;
- Use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other persona’s use of the Site;
- Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message;
If you are unable to accept these Terms, including the disclaimers, you may not access or otherwise use this Site. Your use of this site or purchase or use of any Poliquin Group’s products and/or services constitutes your agreement to these Terms of Use.
Poliquin Group reserves the right, in its sole discretion, to make changes to our Site. These terms, the policies and conditions that govern the use of our Site and an individual’s access to this website at any time, or to terminate this site without notice. It is suggested you read these Terms for any updates or changes from time to time. Your continued access or use of our Site shall be deemed your acceptance of these changes.
Licensed Use
This Site is provided by Poliquin Group, and these Terms provide you (“you” or “user”) a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to us this Site conditioned on your continued compliance with these Terms.
License Restrictions
The foregoing license is limited. You therefore may not:
- Use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Site (or any part thereof) in any manner not expressly permitted by these Terms;
- Reverse engineer, decompile, disassemble, translate, or create any derivative work of the Site (or any part thereof);
- Access link to, or use any source code from the Site (or any part thereof); or
- Erase or remove any proprietary or intellectual property notice contained in or on the Site (or any part thereof).
In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and is subject to the termination provisions set forth herein.
Restrictions
Without limiting the foregoing, copying or reproduction any services, programs, products, information, or materials provided by Poliquin Group to any other server or location for further production or redistribution is expressly prohibited. Poliquin Group cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, malware, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair, or correction resulting from any such downloading. You may not link any other website to this Site, nor reference hypertext documents on this Site from any other website or document including email, expect as expressly provided by Poliquin Group. Poliquin Group reserves the right at any time and in its sole discretion to change or revoke any authorization granted above In such circumstances or if you violate any of the provisions of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials.
Purchases from the Site
You may be provided with the opportunity to purchase products and/or services through the Poliquin Group Site or from third-party services linked to the Poliquin Group Site. In addition, some products you purchase from the Poliquin Group Site may be processed by third parties such as manufacturing and distribution centers. These products are not provided by Poliquin Group. Products and services provided by third-party websites are subject to the terms and conditions of such third parties and their websites, and Poliquin Group shall have no liability or responsibility for such purchases.
All prices listed on the site are in US Dollars and do not include shipping or sales tax. When applicable, it will be added to your invoice before payment. Furthermore, if you are from outside the United States, you are subject to and responsible for payment of any and all duties, taxes, insurance, VAT or any additional costs, known or unknown, at the time of delivery.
Poliquin Group, in its sole discretion, has the right to refuse and cancel any order, at any time for any reason. We may cancel or hold your order for further investigation in the following circumstances: Suspected fraud, known ingredient restrictions, order value exceeding local Custom Agency limits. In this event we may contact you. If your card has been charged and we cancel your order, we will issue a credit back.
We do our best to provide accurate information on our site, however, pricing and/or typographical errors do occur. We have the right, in our sole discretion, so cancel or hold your order due to a pricing error. We will contact you with further information and instruction. Pricing and availability is subject to change at any time, without notice.
Resale of Products
The resale of our products without our written consent in any sales channel is strictly prohibited. Restricted sales channels include but are not limited to Amazon, Walmart, Jet, Ebay, Wish, Alibaba, Etsy and Etsy. We have an official Poliquin Group market in Amazon only.
Resale of our products online are limited only to those who have earned the BioSignature and Integrative Health Profile certifications and are active coaches. You may check the list of our coaches in our Trainer Directory. We reserve the right to refuse and cancel an order if we suspect you are reselling our products without authorization. If you believe someone is selling Poliquin Group products online and without authorization, please contact info@poliquingroup.com.
For authorized resellers, visible retail pricing may not be lower than what is stated in the Poliquin Group store, taking into consideration currency exchanges. Furthermore, we do not condone price gouging.If you believe an authorized reseller is selling Poliquin Group products below or above retail price, please contact info@poliquingroup.com .
Medical, Heath & Fitness Disclaimer
Any statements made on this Site or Poliquin Group affiliated sites or any materials or supplements distributed or sold by Poliquin Group have not been evaluated by the Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the predicts available on the Site have been approved or endorsed by the FDA or any regulatory agency. The products, services, and information on this Site are not intended to diagnose, treat, cure, or prevent any disease. The information on this Site or in Poliquin Group emails or material is designed for educational purposes only and is not intended to replace or substitute for informed medical advice or care by a healthcare practitioner. This information should not be used to diagnose or treat any health problems or illnesses without consulting a licensed healthcare practitioner. If you are pregnant, nursing, taking medication, have a history of heart conditions, or any other medical condition, we suggest consulting with a licensed healthcare practitioner before using any of our products.
While we are here to provide information, any advice or recommendation given are not intended to replace or substitute the advice of your healthcare practitioner. You are encouraged to seek advice for a competent healthcare professional regarding the applicability of any recommendation with regard to your condition or symptoms.
Additionally, the information, products, and services on the Site are not intended for use by persons under the age of 18 years unless expressly stated on the label or information, and then only under the adult supervision.
Poliquin Group does not guarantee any results you may get from content, products, or services provided by Poliquin Group or affiliates. We recommend a healthy and balanced nutrition and exercise program when taking any supplements while under the supervision and/or advice of your personal healthcare provider.
Links
The Poliquin Group Site provides links to other third-party websites and resources (“Linked Sites”). These Linked Sites are for your convenience only and are not under our control. You acknowledge and agree that Poliquin Group is not responsible for the availability of such external websites or resources, and does not endorse any such website or resource, its use or contents, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Poliquin Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external websites or resources. Linked Sites may contain material or information that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Poliquin Group expressly disclaims any responsibility of the content, legality, decency or accuracy of any information and/or material, and for any products and/or services that may appear on the Linked Site. In the event you decide to access or use any of these other websites or resources, you agree to do so at your own risk.
Privacy Policy
The registration data and certain other information about you is subject to our Privacy Policy. Please review the full Privacy Policy.
Submission of Information and/or Material
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, without limitation, when you provide information via a Site registration or submission form. If you provide false, inaccurate, untrue, or incomplete information, Poliquin Group reserves the right to immediately terminate your access to and use of this Site. In addition, you agree that you will not make any transmission or submission to this Site that violates any laws or regulations or infringes or violates the rights of any other person or entity. By making communications or submitting information, success stories, testimonials, reviews, feedback, and/or photographs (collectively “Submissions”) to the Site, in contests or sweepstakes, you agree that such Submission is no confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make such a Submission, you automatically grant Poliquin Group a royalty free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, post, disseminate, edit, translate, distribute, perform, and display the Submission, without limitation, your photograph or likeness, in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. Poliquin Group is not and shall be under no obligation to:
- Maintain any Submissions in confidence;
- Pay compensation for any Submissions;
- Respond to any Submissions
Indemnity
You agree to indemnify and hold Poliquin Group, and each of our directors, officers, employees, agents, affiliates, third-party information providers, licensors, contractors and others involved in the delivery of products, services or information through eh Site (collectively , “Indemnified Parties”), arising from, in or connection with, or relating to any breach of these Terms by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brough by third parties arising out of your use of the information accessed through the Site.
Jurisdiction
This Agreement and its performance shall be governed by the laws of the state of Rhode Island, United States of America, without regard to its or any jurisdiction conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Kent County in the state of Rhode Island, in all questions and controversies arising out of your use of the Site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access of use of the Site must be brought within one (1) year from the date on which such claim or action arose or accrued. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and any related notice given in electronic form shall be admissible in judicial, arbitration, or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact Poliquin Group if you wish to receive a printed copy of this Agreement.
Limitation of Liability and Disclaimer
You expressly agree that use of our Site is at your sole risk and the Site is provided on an “as is” and “as available” basis to the fullest extent permissible pursuant to applicable laws.
Poliquin Group expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Poliquin Group makes no warranty, express or implied, that the Site or any services, products, or information obtained on or through the Site will meet your requirements or will be uninterrupted, timely, secure, or error free; nor does Poliquin Group make any warranty, expressed or implied, as to the results that may be obtained from the use of the Site, services, products, or information obtained on or through the Site or as to the accuracy, completeness or reliability thereof. Poliquin Group makes no commitment to update or correct any information that appears on the Site or any Site liked hereunder.
You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the Site is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, but not limited to, any damage to property including computer systems or loss of data that results from the download of such material and/or information and any bodily injury. Poliquin Group is not responsible for technical, hardware, or software failures of any kind; lost or unavailable network connections; or incomplete, garbled or delayed computer transmissions. Under no circumstances will Poliquin Group or suppliers be liable for any damages or losses that result from the use of the materials on this Site, even if advised in advance of such damages or losses. Poliquin Group makes no warranty regarding any goods or services purchased or obtained through or from the Site or any transaction entered into through the Site. No advice or information, whether oral or written, obtained by you from Poliquin Group or through any service or product on the Site shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties for consequential or incidental damages, in which case the above limitation may not apply to you.
Under no circumstances shall we be liable to your, whether in contract, tort, strict liability or otherwise for any direct, punitive, special, exemplary, consequential, incidental or indirect damages (including but not limited to lost profits, cost of procuring substitute products or services or lost opportunity) arising out of or in connection with the use of the Site or products or services, even if we have been advised of the possibility of such damages. Under no circumstances shall we be liable for more than the aggregate amount paid by you to us within the twelve (12) months preceding any claim.
Termination of Agreement or Account
These terms will take effect at the time you place your order, register, respond to a request for information, or begin downloading, accessing, or using the Site, whichever is earliest. Poliquin Group reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof, and Poliquin Group shall have the right to immediately terminate a user’s account in the event of any conduct by a user which Poliquin Group, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms. Termination will be effective, with or without notice. You may also terminate this Agreement at any time by ceasing to use the Site, but all applicable provisions of these Terms will survive termination. The provisions concerning Poliquin Group’s proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive the termination of these Terms for any reason.
Miscellaneous
Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by Poliquin Group of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect. If Poliquin Group, or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms. You may not assign your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Notwithstanding the foregoing, Poliquin Group may assign this Agreement in whole or in part. Moreover, Poliquin Group may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement. No joint venture, partnership, employment, or agency relationship exists between you and Poliquin Group, as a result of these Terms or your use of this Site. These Terms, the Poliquin Group Privacy Policy, and any other agreement or terms or conditions for services, subscriptions, or licenses for products or services or information available through the Site, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Poliquin group, with the respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Poliquin Group, with respect to this Site.
Changes and Updated to this Agreement
This Agreement was last updated November 11, 2020. Poliquin Group, in its sole discretion, may update or change this Agreement from time to time and without notice.
Modification
Poliquin Group reserves the right to modify or discontinue, temporarily or permanently, the Site as a whole and any or all of the Site features, products, prices of products, services or information appearing on, or available through, any or all of the Site with or without notice to you. You agree that Poliquin Group shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services or information on the Site or the Site itself.
Contact Us
If you have other questions or concerns about these legal notices or the practices of this Site, please contact us at:
Poliquin Performance Center 2 LLC 2013 Live Oak Blvd, Suite N #226 Saint Cloud, Florida 34771
