Our Products are owned and operated by Brothers In Arms (“The Company”, “we”, or “us”). The term “You” refers to any purchaser and/or user of any of our Products and/or our Website, www.shopBIAwellness.com (the “Site”).
Throughout this Agreement, the terms” (www.shopBIAwellness.com),” “BIA”, “us,” and “we” may refer to us, the Company, as is appropriate and depending on the context in which the term is used. “You” means You, the person who is agreeing to these Terms of Service and Use.
PERSONS UNDER EIGHTEEN (18)
WHO MAY PURCHASE
You agree to only purchase Products for Yourself or for another person for whom You are legally permitted to do so or for whom You have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree not to purchase Products for anyone under age Eighteen (18) unless otherwise permitted by law.
You agree to be financially responsible for all purchases made by You or someone acting on Your behalf. You agree to use our Products for legitimate, non-commercial purposes only and not for speculative, fraudulent or illegal purposes.
The information found on (www.shopBIAwellness.com) is for informational and educational purposes only. As with any health supplement, we strongly recommend that You consult a physician before using any of our Products. You should always speak with Your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our Products. If You have, or suspect that You have a medical problem, promptly contact Your health care provider.
Neither our Products nor any information published by BIA shall ever be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website, Brochures and Advertisements is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by a health care provider, therapist, counselor, licensed dietician or nutritionist, or any other registered or licensed health care professional.
Do not stop taking any medications without speaking to Your health care provider, therapist, counselor, licensed dietician, nutritionist, or any other registered or licensed health care professional.
At no time will or shall BIA provide health care, medical or nutrition therapy services, nor is BIA or any of its Products attempting to diagnose, treat, prevent or cure any physical, mental or emotional issues, disease or condition.
Our Products and Website Materials are for informational and educational purposes only. To the fullest extent permitted by law, we explicitly exclude any liability for any and all direct, indirect or consequential loss or damage incurred by You or others in connection with our Products and Website Materials, including without limitation, liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of savings, loss of data, and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, even if predictable. You specifically acknowledge and agree that we are not liable for any offensive, aggressive or illegal conduct of any other Product or Website Material user, including You.
SPORTING GOVERNING BODIES
We are not responsible for Your using our products if they are not allowed for use by any amateur or professional sporting governing bodies. You are agreeing to use our products at Your own risk if You participate in any organizational activity that bans the use of such products. The burden of confirming that Our Products are permitted under any sporting rules that may be applicable to You is solely on You.
Representations regarding the efficacy and safety of our Products have not been evaluated by the Food and Drug Administration (the “FDA”). The FDA only evaluates foods and drugs, not supplements like our Products. Our Products are not intended to diagnose, prevent, treat, or cure any disease.
None of the statements made on our website have been affiliated or verified by the FDA. The products or content offered at www.shopBIAwellness.com do not diagnose, treat, cure or relieve any medical or health conditions.
The Cannabidiol (CBD) in BIA is a natural constituent of industrial hemp plant and grown in the United States of America. BIA does not sell or distribute any products that are in violation of the United States Controlled Substances Act (US CSA).
BIA COPYRIGHT AND TRADEMARK
Our website contains content owned exclusively by Us, including the text and graphics. Any unauthorized use of our Trademark, Product Design or Copyrighted Content is prohibited.
All trade names, images and trademarks contained on this Site, including but not limited to the name and trademarks (BIA) are the Company’s property. Any unauthorized use of this Content may violate the Company’s Trademark and Copyright rights.
CLASS ACTION AND ARBITRATION
You and BIA, and its legal entity or any subsidiaries, agree that any proceedings to resolve or litigate any dispute shall be conducted solely through binding Arbitration to be held in Palm Springs, California. Arbitrations under this Agreement will take place on an individual basis, and class actions are not permitted. This agreement does not allow class or collective arbitrations, or class actions, even if Arbitration rules would.
By agreeing to Arbitration, You are giving up the right to go to Court and assert any rights You may have in that venue.
All parties agree that they are waiving their rights to a trial by jury and that any dispute shall be submitted to binding arbitration. By placing an order with Us, You irreversibly waive any right You have to join claims with those of others in the form of a class action or similar procedure.
INFORMATION WE REQUIRE
LIMITATIONS AND LIABILITY
In the event of any problem with our website or any of its content, You agree that Your sole remedy is to cease using our website. All other claims and causes of action against BIA are waived.
ERRORS AND OMISSIONS
BIA makes no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information provided on our Website. Every effort has been made to present the most accurate, up-to-date information, but because the nature of scientific research is constantly developing, BIA cannot be held responsible or accountable for the accuracy of Our content. You acknowledge that such information may contain inaccuracies or errors and BIA is not liable for any such inaccuracies or errors to the fullest extent permitted by law.
The information and software used throughout the Site may include inaccuracies or typographical errors. BIA and its suppliers make no representations about the reliability or accuracy of information, products and related graphics contained on the Site. All such reliability or accuracy of information, products and related graphics are provided “as-is” with no guarantee, warranty or confirmation of condition or suitability for any purpose whatsoever.
WEBSITE USE INDEMNIFICATION
You agree to indemnify, defend and hold harmless BIA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of Your use or inability to use the Site.
BIA ELECTRONIC COMMUNICATIONS
(www.shopBIAwellness.com) is an E-commerce Site, therefore visiting (www.shopBIAwellness.com) or sending emails to BIA constitutes electronic communications. You consent to receive electronic communications and You consent to all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site.
YOUR BIA CUSTOMER ACCOUNT
If You use this Site, You are responsible for maintaining the confidentiality of Your customer account and password and for restricting access to Your computer. You are responsible for all activities that occur under Your customer account or customer password.
When You register with the Company and/or Site, You consent to receive notices, announcements, disclosures, reports and communications concerning Products or other correspondence from the Company.
If paying by credit card, debit card or PayPal, or any other agreed upon electronic method, You give us permission to automatically charge Your credit card, debit card or PayPal, or any other agreed upon electronic method as payment for Your Product without any additional authorization, for which You will receive an electronic receipt. Should You be provided with a PayPal or other invoice instead, You are required to manually pay it by the due date on the invoice or Your Product will be put on hold until payment is made.
In the event payment is not received by the due date, Your Product order will not continue and we reserve the right to terminate Your access immediately and permanently.
We may provide links to third party websites containing health information, product reviews, and other content that might be of interest to our customers. We are not responsible for the content on these third-party websites and You use it at Your own risk.
THIRD-PARTY WEBSITES INDEMNIFICATION
You agree that if any third-party claims against Us, or damage directly to Us, occurs as a result of Your use of our website, product, or any other good or service provided by Us, You will defend, indemnify and hold us harmless for all such claims and/or damages, including by paying our reasonable attorneys’ fees and court costs.