Point Program Terms and Conditions
Terms & Conditions
The following terms and conditions are a legally binding agreement which govern your use of our website and purchase of products on our website. Please review the entire agreement carefully. When you submit an order for our product you are certifying that you have read and agree to all terms and conditions contained in this agreement.
The information presented on the Site is in no way intended as medical advice or as a substitute for a doctor. Nothing stated or presented on the site is intended to be a substitute for professional advice, diagnosis or treatment. This information should only be used in conjunction with the guidance and care of your doctor. You should always consult with your doctor or other professional before using any oral products, whether offered on the Site or otherwise. Your doctor should allow for proper follow-up visits and individualize treatment as appropriate. If you have or suspect that you have a problem, promptly contact your care provider. For any products and/or services purchased through the Site, you should carefully read all product packaging and instructions. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site. Information and statements regarding products and/or services made available on or through the Site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
GENERAL TERMS AND CONDITIONS
Brainol™ IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO Brainol™ CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
- Product Information Disclaimer. The product information provided on the Site is intended only for residents in the United States. The Site and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products advertised on this site have not been approved or cleared by a government regulatory body. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.
- Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your purchase of Online Products through this Website. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. Company may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement posted at the time of your purchase. Company is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and can enter into legally binding contracts. Company reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when prompted for such information.
- Orders/Billing. In consideration for the Products you order from Company, you agree to pay the sums listed below at the time such sums are due and owing. You shall have the choice to pay with a credit card or debit card.
Please read the Return and Refund Policy in full before calling customer support. If at any time you are unsatisfied with our product, you may return any unopened or opened bottles of any shipment within sixty (60) days of our shipping date for a full or partial refund of the purchase price. To receive a refund, you must follow the following procedures:
- To receive a refund, you must call customer care at 888-592-3941 for Return Number (RMA#). Packages marked "Return To Sender" will NOT be processed or refunded.
- Place your RMA# inside or outside of the package along with your name and address. Without the return number we cannot issue a refund.
- All qualified return products must have the proper RMA number on the box (see above) and be shipped to our offices. Please contact Customer Service for the address.
- If you purchased your merchandise through a "Buy Three, Get Three Free" or similar offer, ALL items must be returned in order to receive a refund. If you return a partial amount of merchandise, you will forfeit the free product and receive a refund on the discount price per item based on the total purchase. We do not refund any shipping charges.
Upon returning a product, your subscription package (if there is one) will be canceled. This means all future billing will be terminated and you will no longer be charged according to your set plan.
The charge for each shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your order with the payment method you used to create your subscription, we will notify you and give you the opportunity to add another payment method in your account and to charge the payment method for your order.
Your subscription will remain in effect until it is canceled. You can cancel at any time by calling our Customer Service department at 888-592-3941.
- Disclaimer of Warranties. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability.YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE FAILURE TO RELALIZE ANY SPECIFIC RESULT FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Copyright and Trademarks. All Newsletters, logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Company. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, .., typefaces, sounds and other material (collectively "Content") that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
6.1 Scope of Use of Copyright and Trademarks. Company maintains the Site for your personal information, education, and communication. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text and .., without Company’s written permission. Company makes no representation that the information in the Site is appropriate or available for use in locations outside of the United States, and access to the Company Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
- Indemnification. You agree to indemnify and hold Company, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity.
- Third Party Websites. The Website may contain links to other websites on the Internet that are owned and operated by third parties. Company does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and resources, you agree that Company is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
- General Provisions. The Agreement shall be treated as though it were executed and performed in the State of Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of law principles. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Website. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
- No Resale. By purchasing the Products hereunder you agree that they are being acquired for the account of the Purchaser's sole use and consumption, and not for resale, in whole or in part. Resale of this product is strictly prohibited.
- Contact Us. If you have any questions about the Agreement or about the practices of Company, please feel free to contact us at or [email protected]
POINT PROGRAM TERMS AND CONDITIONS
Article 1: Definition of Services
The IBS Clear Point Program is a service in which IBS Clear Points (hereinafter "Points") are awarded to members of the IBS Clear (hereinafter "Members") and such Points can be redeemed toward future purchases.
Members using the IBS Clear Point Program shall agree to the terms and conditions stipulated herein.
The IBS Clear Point Program Terms and Conditions (hereinafter “Terms and Conditions”) are based on the IBS Clear Membership Regulations. Any matters not stipulated herein shall be subject to the stipulations of the IBS Clear Membership Regulations.
Article 2: Awarding of Points and Applicable Transactions
IBS Clear shall award Points for purchases made from IBS Clear (set forth in the IBS Clear website) by a Member (a member having previously joined the Points Program).
IBS Clear will also provide opportunities to add to Points total through extra promotions, email campaigns and referrals. Specific rules apply and are subject to change without notice.
Article 3: Posting of Awarded Points
Points will be awarded each time a purchase is made. A percentage of your total order is transferred into points. Every point is worth $1 towards future purchases and is subject to change without notice.
Earned Points will be posted to the Member's account which can be viewed anytime.
Article 4: Retraction of Awarded Points
Awarded Points will be retracted for once paid amounts that are refunded, or required payments that are not made accordingly. In the case such Points are already redeemed, the amount corresponding to the otherwise retracted Points will be charged to the Member.
Article 5: Validity Period and Expiration of Points
Earned Points do not expire and can be used anytime.
Article 6: Checking of Points
Points can be checked by one of the following methods, based on request from the Member him/herself:
1) By accessing the IBS Clear Point Program website through the Member's account.
2) By contacting a representative of IBS Clear at our customer support center on:
Article 7: Redemption of Points
Points are redeemed when the Member logs in to their account, places an order and is able to choose the amount of Points they would like to redeem.
Article 8: Change or Termination of IBS Clear Point Program
IBS Clear may terminate the services of IBS Clear Point Program in whole or in part at any time. In such cases, all entitlements related thereto will be forfeited unless otherwise explicitly acknowledged, notified, or announced to Members from IBS Clear.
Article 9: Disclaimer
Members shall agree that all entitlements regarding the IBS Clear Point Program shall be forfeited if such Member applies to any one of the following.
1) When the Member withdraws from IBS Clear Points Program or if the membership is cancelled.
2) When the Member fabricates or redeems Points by forgery, alteration, or any other unrighteous means.
Article 10: Change in the Terms and Conditions
IBS Clear may change or make additions to the Terms and Conditions stipulated herein as necessary, without approval from Members. Such changes or additions to the Terms and Conditions shall be announced by means of the official website or newsletter, and the latest version shall be posted on the official website of the revised terms and conditions.
When a Member uses the services stipulated herein after any change of the Terms and Conditions, it shall be deemed that such Member accepts and agrees to the new version of the Terms and Conditions.
The Terms and Conditions stipulated herein are effective as of January 1, 2021.
Partially modified on February 10, 2021.