Terms and Conditions
2. Online Product Purchases
- Payment Information: You will be asked to enter your payment details during the checkout process. By placing an order, you confirm that the credit card you use is yours. All card payments are subject to authorization by your card issuer.
- Shipping: Products you purchase through this Site will be shipped to you at the address you designate as the shipping address during the check-out process. We are not responsible for any packages that are refused or held for delivery. Refunds will not be issued for any orders that are refused by intended recipient or that cannot be delivered due to an address error. Currently, our products are only available for purchase by residents of the U.S.A and will only be shipped within the U.S.A. Some products may not be available to ship to some states due to applicable state laws.
- Return Policy: Berkeley Life is proud of the quality of all of our products and we want to make sure you are completely satisfied. If you are not satisfied with a product purchased on this Site, you may return it within 30 days of date of shipment of your purchase for a full refund, excluding any shipping charges. Please keep your packing slip or confirmation email for proof of purchase. We monitor return activity for abuse and reserve the right to limit or refuse returns or exchanges. We reserve the right to request the product be shipped back to us in its original packaging at your expense and we do not assume responsibility for lost or misdirected returns. Please note that clearance items, as well as short-dated and expired product are not eligible for an exchange or refund. For returns or refunds related to product purchased from third-party vendors please see the relevant seller’s return policy.
- Special offers: Special offers are subject to change without prior notice. Special offers shall be subject to these Terms and Conditions and any other relevant product terms and conditions.
3. Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Berkeley Life or third-party licensors. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes. Nothing stated or implied on the Site confers on you any license or right to any copyright rights of Berkeley Life or any third party.
4. Trademark Rights
All rights in product names, company names, trade names, logos, product packaging and designs of all Berkeley Life or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Berkeley Life or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under applicable trademark and copyright laws. The use or misuse of our trademarks and other intellectual property is expressly prohibited and nothing stated or implied on this Site confers on you any license or right to any patent or trademark of Berkeley Life or any third party.
5. External Sites
From time to time, the Site may contain links to third-party sites (“External Sites”). These links are provided as a convenience to you only and not as an endorsement by us of the content on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. If you decide to access linked External Sites, you do so at your own risk.
6. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. By purchasing and/or using our products and the Services you are agreeing to enter into an arbitration agreement with Berkeley Life regarding any disputes that may arise as a result of such purchase or use. First and foremost, if a dispute arises between us, you agree to first contact us at firstname.lastname@example.org prior to formally submitting a dispute to arbitration. You and Berkeley Life agree that any dispute between us that cannot be resolved informally will be resolved by confidential and binding arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. THE INFORMATION PROVIDED HEREIN IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION, YOU SHOULD THEREFORE SEEK ADVICE AS APPROPRIATE TO ENSURE YOU UNDERSTAND FULLY HOW THIS AFFECTS YOUR LEGAL RIGHTS.
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. Any arbitration shall be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class action, representative action, or group or consolidated or coordinated arbitration that includes claimants other than yourself. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. 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. The arbitrator may not consolidate more than one person’s claims against Berkeley Life and may not preside over any kind of representative or class proceeding against Berkeley Life. 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. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BERKELEY LIFE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY TO GET A FULL REFUND.
7. Applicable Law
By using the Services, you agree that applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between us.
THE SERVICES ARE PROVIDED “AS IS” AND YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICES, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES. BERKELEY LIFE DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BERKELEY LIFE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (v) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY BERKELEY LIFE OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
BERKELEY LIFE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BERKELEY LIFE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
We make no representations and provide no warranties that: (i) the Services will be made available at any time or from any specific geographical location; (ii) your access to the Services will be continuous or uninterrupted; or (iii) the Services will be accessible or optimized on all browser, computers, tablets, phones or viewing platforms. We reserve the right to suspend access to all or part of the Services for any reason. The Services are provided for users in the United States. Although it may be possible to access the Services from other countries, we make no representation that the Services are compliant with any legal requirements in force in any jurisdiction other than the United States or that the content available on the Site will be appropriate for users in other countries.
The statements on this Site and our products have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease. Results experienced from consuming our products may vary for each individual. YOU SHOULD CONSULT YOUR DOCTOR BEFORE USING OUR PRODUCTS OR ANY DIETARY SUPPLEMENT.
Any information supplied through the Services is for educational purposes or general guidance on the use of the Services only and does not constitute medical or other professional advice. The Services and any information contained on the Site should not be used for diagnosing or treating a health problem or disease. Health-related information provided through the Services is not a substitute for medical advice and it is important that you do not make medical decisions without first consulting your personal physician or health care practitioner. All specific medical questions you have about your medical condition, treatment, care, or diagnosis should be presented to your own professional healthcare provider. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site.
9. Limitation of Liability
WE DO NOT SEEK TO EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY AGREEMENT. IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, IN NO EVENT WILL BERKELEY LIFE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE SERVICES OR ANY LINKED SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, BERKELEY LIFE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
BERKELEY LIFE RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SERVICE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY EVEN IF BERKELEY LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BERKELEY LIFE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Berkeley Life, you agree to defend, indemnify and hold harmless Berkeley Life and its officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms and Conditions or your violation of any rights of another.
11. No Waiver
The failure of Berkeley Life to enforce any provisions of these Terms and Conditions or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any part of these Terms and Conditions or to act with respect to similar breaches.
If any portion of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
13. Modification of these Terms and Conditions
We reserve the right to amend these Terms and Conditions and/or any part of our Site at any time. You are bound by any such changes and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Services after the posting of modifications to these Terms and Conditions will constitute your acceptance of these Terms and Conditions as modified. If at any time you do not wish to accept these Terms and Conditions you are not thereafter authorized to use the Services.
BERKELEY LIFE AUTHORIZED RESALE POLICY
This policy applies to all new and existing authorized resellers (the “Reseller(s)”) of any Berkeley Life products (the “Products”) for resale or distribution.
The terms of this policy are incorporated into and are in addition to any express or implied contract between L2G North America, Inc./RHA Investment Limited (and any of their Affiliates) as owner of the Berkeley Life brand (the “Brand Owner”) and the Reseller with respect to the Reseller’s purchase or sale of the Products.
The purpose of this policy is to provide Resellers with the necessary tools and information to ensure brand consistency, customer satisfaction and maximize the effectiveness of the Products. The Brand Owner reserves the right to deny any resale request or application for any or no reason.
2. Intellectual Property
“Intellectual Property Rights” includes, without limitation, rights to inventions, copyright (present and future), website content, photos, images, product descriptions, marketing collateral, moral rights, packaging, rights to prevent passing off, patents, trademarks, logos, designs, design rights and database rights (whether or not any of these is registered and including any application for registration of any such rights), know-how, domain names, product formulations and recipes, confidential information and trade secrets and all rights or forms of protection of a similar nature or having similar effect to any of these and together with all extensions and renewals of them which may exist anywhere in the world whether registered or unregistered.
Reseller acknowledges and agrees that all Intellectual Property Rights relating to the Products (“Product IPR”) belong to and are the absolute property of the Brand Owner.
Reseller shall not use any Product IPR including, but not limited to, any name, mark or symbol of the Brand Owner in any publicity release, advertising or social media platform without securing the prior written consent of the Brand Owner. Reseller acknowledges and agrees that the unauthorized use of Product IPR is a material breach of this policy and may result in the immediate termination of the Reseller’s account and revocation of the Reseller’s selling rights.
Any photos, images, product and/or company description, website content and/or any marketing collateral used by the Reseller to sell, market and/or advertise the Products must be current and obtained directly from the Brand Owner. Such data and collateral cannot be extracted from the Brand Owner’s website or other internet sources without the Brand Owner’s prior written consent. This data and collateral is updated and amended by the Brand Owner from time to time and any such amendments will be communicated to the Reseller where appropriate.
Reseller shall not at any time make or publish any statement concerning the Brand Owner or any of its officers, stakeholders, directors, employees or agents which is adverse, detrimental or derogatory, whether verbally, in writing or electronically (including over the internet and social media).
The Products are for distribution and/or sale in North America only. Resellers are not authorized to distribute and/or sell Products outside of North America.
4. Restriction on sales to online marketplaces and advertising/sales tactics
Reseller is only permitted to advertise the Products via the Reseller’s own website, secure email lists and social media pages. Ad targeting specific to the Products is not permitted. Reseller is not permitted to bid on Brand Owner’s branded keywords with any online ad platform.
Reseller is not permitted to use google, Facebook or any other paid for online advertising tools in relation to the sale or marketing of the Products. Reseller may not advertise or sell the Products on any online marketplace including, but not limited to, Amazon, Ebay, Shopee, Walmart, Alibaba or similar online marketplace.
5. Compliance with MAP
Brand Owner maintains a “minimum advertised price” or “MAP” that restricts the minimum price at which the Products may be advertised. Reseller may not advertise, sell, or distribute the Products at a price less than such MAP. The Products are to be listed at least 20% above MSRP if not listed behind a secure patient login. Pricing of Products that are positioned behind a Reseller’s secure patient sign in must mirror MSRP as outlined on the Brand Owner’s website or the Product order form.
Reseller is prohibited from advertising any volume discount or other promotion that would cause the per unit sales price to be advertised at less than the MSRP. Restrictions in relation to MAP apply to all forms of advertising of the Products to include, but not limited to, online and print media.
6. Reseller’s online platforms
Reseller shall notify the Brand Owner of any website, online storefront or URL on which Reseller sells or markets the Products. Any changes to Reseller’s website, online storefront, or URL must be notified to Brand Owner in writing prior to implementation.
7. Handling and Storage
Reseller agrees to handle and store the Products in a safe manner and in compliance with Brand Owner’s storage and handling guidelines. Reseller shall not sell any Product that is past its sell by date.
Reseller agrees to preserve any labels, tags, serial numbers, lot numbers or other labels affixed by Brand Owner to the Product (or within Product packaging) in the form affixed by Brand Owner and to ensure that the same are not removed, modified, altered or obscured in any way.
9. No Bundling
Reseller may not package or bundle any Product with any other products or materials without Brand Owner’s prior written consent.
10. Consumer Safety and Recall
Reseller will cooperate with Brand Owner in connection with any investigation of consumer safety claims or any evaluation of a product recall.
11. Compliance with Laws
The Reseller shall act in compliance with all applicable laws and all applicable provisions of this policy and so long as the Reseller sells, distributes and/or advertises Product it will obtain and maintain in force all licences, permissions, authorisations, consents and permits to the extent such are applicable and required by law. The Reseller will comply with all applicable data protection laws in connection with the sale, distribution, marketing or advertising of the Products.
Reseller shall be responsible for their own insurance and shall have adequate insurance cover in place at all times when selling or distributing the Products.
13. Customer Service
Reseller will maintain customer service phone and email response functions to handle customer complaints, returns and other customer service functions. Reseller will provide any reports or other information requested by Brand Owner, with respect to a particular Product (whether by lot number or other identifying data) to determine the date or Reseller’s purchase of the Product, the location where the Product was stored, and the dates on which the Product was sold or shipped by Reseller to a purchaser.
14. Report Unauthorized Resellers
If Reseller has information, or reasonably suspects, that any person is purchasing and reselling or distributing Products in a manner not authorized by Brand Owner, Reseller must promptly notify Brand Owner.
Please note that this policy will be reviewed and updated by Brand Owner from time to time. Your consent is not required to make changes to this policy, but Brand Owner will notify you of any such updates as appropriate.
16. Consequences of Policy Breach
Reseller is obliged to always adhere to the terms of this policy. Failure to abide by the terms of this policy may result in the following:
– Termination of Reseller’s account;
– Permanent or temporary revocation of Reseller’s right to sell the Products in any capacity;
– Suspension or temporary deactivation of Reseller’s account;
– Receipt of notice specifying the event and requiring Reseller to remedy the breach at its own cost within a specified period;
– Permanent or temporary revocation of rights associated with Reseller’s resale rights, including but not limited to, access to non-public facing pages of Brand Owner’s website and/or emails.
– Temporary or permanent revocation of Reseller’s purchasing privileges.
17. Acknowledgement and Confirmation
By acknowledging this and/or continuing to purchase, sell and/or distribute the Products, Reseller agrees to be bound by the terms of this policy: