PLEASE REVIEW THE SALES, SHIPPING, REFUND AND RETURN POLICIES BELOW BEFORE PURCHASING MERCHANDISE AS PART OF A TRIAL PLAN ON WWW.DEFENAGE.COM (“WEBSITE”). THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF MERCHANDISE FROM THE WEBSITE (“MERCHANDISE”). BY ACCEPTING THESE SALE TERMS AND CONDITIONS THROUGH THE COMPLETION OF YOUR PURCHASE, SELECTION OF A METHOD OF PAYMENT, AND YOUR ENTRY OF PAYMENT METHOD INFORMATION, YOU HEREBY AUTHORIZE PROGENITOR BIOLOGICS LLC (“DEFENAGE”, “WE”, “US,” AND “OUR”) TO CHARGE THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF MERCHANDISE.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
A. Legal Age Requirement. You must be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is older) to purchase items from the Website. By placing an order through the website, you represent that you are at least 18 years old or the age or majority (whichever is older) and that the person to whom the Merchandise will be delivered is also the age of majority. Defenage reserves the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing Merchandise may require further the signature of an adult possessing valid picture identification issued by a government agency providing that he or she is at least 18 years old or the age or majority, whichever is greater.
B. Ordering Merchandise through the Website. If you have any questions please contact Our Customer Service Department toll-free at 1-888.368.5372 or email us at CustomerService@DefenAge.com. Our Customer Service Department is open Monday thru Friday 8am-5pm PST.
All orders placed through the Website are subject to DefenAge acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. Defenage may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by Defenage, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department at CustomerService@DefenAge.com. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order. Processed orders will be shipped according to the terms of our shipping policies, which are summarized herein.
While we want everyone to be able to enjoy our Merchandise, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:
If your order has been processed and shipped, you may return the Merchandise you ordered pursuant to the terms of our Refund & Return Policy, which is summarized in Section I below.
C. Arbitration Agreement and Class Action Waiver. Except where prohibited by law, you and Defenage agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Website, the information, services, software functionality, and/or materials (“Services and Materials”) published by Defenage on or through the Website, any transaction or relationship between us resulting from your use of our Website, communications between us, or the purchase, order, or use of our Merchandise, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and Defenage agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and Defenage further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, Defenage will reimburse you for any standard filing fee, which may have been required by AAA once you have notified Defenage in writing and provided a copy of the arbitration proceedings. However, if Defenage is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Defenage. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Defenage and may not preside over any kind of representative or class proceeding against Defenage, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST DEFENAGE, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR RECEIPT OF YOUR FIRST ORDER OF THE PRODUCT.
D. Cancellation Terms. To cancel order please contact our Customer Service Department at CustomerService@DefenAge.com. When emailing us, please include your full name and address, as well as the name of the Merchandise that you ordered. Please allow up to 30 days for refunds to process.
We reserve the right to modify the prices charged for any products we offer, or to add or remove any products or offerings from the Website at any time without prior notice to you. Price quotes provided to you prior to any price modification shall be honored.
E. Payments. Defenage offers several methods of payment for you to purchase Merchandise including, but not limited to, credit cards and debit cards. Some methods of payment are only available in certain countries.
Defenage reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to purchase Merchandise from the Website. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card might have been used in a fraudulent manner to purchase Merchandise, please contact our Customer Service Department at CustomerService@DefenAge.com.
By ordering Merchandise from Defenage, you authorize Defenage to charge your debit or credit card accordingly. Please be aware that the descriptor (or subject line) that appears on your debit or credit card entry will refer to Defenage. If you have any questions about the descriptor on your credit card statement, you should contact our Customer Service Department at CustomerService@DefenAge.com.
F. Taxes. California-shipping orders are subject to applicable taxes.
G. Discounts and Promotions. Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.
H. Shipping Policy. All orders are shipped via the most efficient to your address and we use the following services: United States Postal Service First Class Mail or by UPS mail or by Fed Ex Ground to the address you provide at the point of sale. We ship within 3-5 days of when you place your order. Orders placed on the weekend will be shipped the following business day. Packages sent to the US are scheduled to arrive within 3-7 business days. Please be advised that shipments are not sent out on Saturdays, Sundays, or any U.S. Federal Holidays. We do not guarantee arrival dates or times.
I. Refund & Return Policy. If at any time you are not satisfied with the Merchandise for any reason, you may contact our Customer Service at CustomerService@DefenAge.com and request a refund. All requests for refunds will be handled by customer service on a case by case basis, may require a return of unused Merchandise, and may not be available if more than 30 days have passed from the date the customer received the Merchandise. When emailing us, please include your full name and address, as well as the name of the Merchandise that you ordered. More stipulations to our refund policy are as follows:
A. Customers are restricted to receiving a single refund per Merchandise ordered. Repetitive refunds are not permitted unless the Merchandise, as delivered to you, is defective. Defenage reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in Defenage’ judgment, requests refunds in bad faith.
B. In order to process your refund, you must supply Defenage with your name and delivery address. If you provide us with insufficient or incorrect information, your refund will be delayed.
C. Depending on the bank that issues the credit or debit card you used, your refund can take up to thirty (30) days to appear on your credit or debit card statement. If you have any questions about whether a refund has been issued by Defenage, please contact our Customer Service Department at CustomerService@DefenAge.com.
Please note that we are not responsible for any returned Merchandise that gets lost or stolen while in transit to us. We recommend all returned Merchandise be sent using some type of delivery confirmation system to ensure proper delivery. Failure to use the Merchandise does not constitute a basis for refusing to pay any associated charges.
J. Billing Errors. If you believe that you have been erroneously billed, please notify our Customer Service Department at CustomerService@DefenAge.com immediately of such error.
K. Reversals and Chargebacks. We consider charge backs and reversals as potential cases of fraudulent use of our services and/or theft of services and as such will be treated. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and or theft of services.
L. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEFENAGE AND AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR ANY PRODUCT OR USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION, LIABILITY FOR A PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. IN NO EVENT WILL DEFENAGE OR ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF MERCHANDISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DEFENAGE AND ITS AFFILIATES ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY.
M. Disclaimer of Warranties. DEFENAGE AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THE MERCHANDISE AVAILABLE FOR SALE ON THE WEBSITE. EACH PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REGARDING THE MERCHANDISE, DEFENAGE AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.
O. Governing Law. These Trial Sale Terms and Conditions shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. These Trial Sale Terms and Conditions are not enforceable by any party except for Defenage and its customers. If any provision of these Trial Sale Terms and Condition is found not to be enforceable, that term will be deleted and all other terms will remain.
P. Billing & Customer Support. We welcome all support inquires by the following methods:
Email Support: CustomerService@DefenAge.com
Customer service hours are 8am - 5pm, Monday through Friday (USA-Pacific Standard Time). When emailing us, please include your full name and address, as well as the name of the Product(s) that you ordered.
Progenitor Biologics, LLC
Version 2.3. 11 April 2020
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