PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to your purchase from the Genesis Advanced BioScience entity named on the invoice (“Genesis Advanced BioScience”) that will be provided to you (“Customer”) on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Genesis Advanced BioScience, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER Genesis Advanced BioScience STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Genesis Advanced BioScience’s sole discretion.

  1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Genesis Advanced BioScience
  2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
  3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Genesis Advanced BioScience’s sole discretion, and unless otherwise agreed to by Genesis Advanced BioScience, payment must be received by Genesis Advanced BioScience prior to Genesis Advanced BioScience’s acceptance of an order. Payment for the products will be made by credit card, PAYPAL, or some other prearranged payment method unless credit terms have been agreed to by Genesis Advanced BioScience Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Genesis Advanced BioScience may invoice parts of an order separately. Orders are not binding upon Genesis Advanced BioScience until accepted by Genesis Advanced BioScience Any quotations given by Genesis Advanced BioScience will be valid for the period stated on the quotation. Customer agrees to pay fees on all past-due sums at the highest rate allowed by law. Genesis Advanced BioScience reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, with or without prior notice.Revisions to these Terms and Conditions. These Terms and Conditions of Sale may be revised at any time by updating this web page. Visit this page to review current Terms and Conditions of Sale which are binding on you.
  4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Genesis Advanced BioScience’s invoice(s). Unless Customer provides Genesis Advanced BioScience with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Genesis Advanced BioScience’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Vitacost.com, Inc.’s franchise taxes and taxes on Vitacost.com, Inc.’s net income. If applicable, a separate charge for taxes will be shown on Genesis Advanced BioScience’s invoice.
  5. Title; Risk of Loss. Title to products passes from Genesis Advanced BioScience to Customer on shipment from Genesis Advanced BioScience’s facility. Loss or damage that occurs during shipping by a carrier selected by Genesis Advanced BioScience is Genesis Advanced BioScience’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).
  6. Warranties, Disclaimers. Genesis Advanced BioScience DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF’ MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
  7. Return Policies. Genesis Advanced BioScience products that are purchased directly from Genesis Advanced BioScience by an end-user Customer may be returned by Customer in accordance with Genesis Advanced BioScience’s GUARANTEE POLICY in effect on the date of the invoice.
  8. Products. Genesis Advanced BioScience’s policy is one of on-going product update and revision. Genesis Advanced BioScience may revise and discontinue products at any time and are not responsible for typographical errors or misprints. Genesis Advanced BioScience reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
  9. Limitation of Liability. Genesis Advanced BioScience DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. Genesis Advanced BioScience WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
  10. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Genesis Advanced BioScience, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “Genesis Advanced BioScience”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Genesis Advanced BioScience’s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Genesis Advanced BioScience
  11. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Genesis Advanced BioScience has separate terms and conditions governing resales.
  12. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
  13. Acceptance. By ordering any product from Genesis Advanced BioScience, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Acceptance of Contract Terms” contained elsewhere in the Genesis Advanced BioScience site.