Terms & Conditions
- PARTIES TO THIS AGREEMENT AND CONSIDERATION.
The parties to this Agreement (the "Agreement") are You, (hereinafter “You” “Your” or the "User"), and NEWGEN27 LLC DBA DOCTOR’S BIOME (hereinafter the "Company," “We,” “Our,” or “Us”).
- USE OF WEBSITE. You agree to not do any of the following:
- USER'S CODE OF CONDUCT. You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion We may, but are under no obligation to reject or delete any transaction posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Website for violating these provisions:
- INFORMATION COLLECTED. The information which NEWGEN27 LLC DBA DOCTOR’S BIOME collects through the Website may include Personal Information (hereinafter the "Personal Information") which refers to information that helps it identify users or viewers of the Website (collectively, "Users" and each a "User" or “you” and shall refer to Subscriber or Registered User as defined in Website Terms and Conditions). The Personal Information includes data such as a User’s name, street address, phone number, facsimile number, email address, username and password, and credit card numbers and information. Users are responsible for keeping all Personal Information current and may change any previously entered information through the Website in the manner set forth below. NEWGEN27 LLC DBA DOCTOR’S BIOME may utilize Personal Information, without limitation, for the following purposes: (i) establishing and verifying user identities; (ii) opening, maintaining, administering and servicing Registered User (as defined below) accounts; (iii) processing, servicing or enforcing transactions and sending communications relating to the Website; (iv) providing User support in connection with User-use of the Website; (v) providing service updates for the Website; (vi) providing promotional notices and offers and other NEWGEN27 LLC DBA DOCTOR’S BIOME information; (vii) responding to User-posed inquiries and comments; (viii) maintaining the security of the Website and Company-systems; and (ix) evaluating Use of the Website for potential improvements and otherwise. The Website may also collect data that cannot be traced back to a specific individual (hereinafter the "Anonymous Information"). For example, NEWGEN27 LLC DBA DOCTOR’S BIOME may be able to keep count of how many Users have viewed the Website and specific content therein, or key words utilized to find the Website, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers, or email addresses. Users who view the Website but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by NEWGEN27 LLC DBA DOCTOR’S BIOME from anonymous Users. The Website may use browser cookies to collect Anonymous Information. The Website may also incorporate web beacons or similar tracking technologies to allow NEWGEN27 LLC DBA DOCTOR’S BIOME to track how the Website is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar information. Furthermore, NEWGEN27 LLC DBA DOCTOR’S BIOME may, either directly or through a third party, track Users’ conduct on the Website, including, without limitation, areas of the Website visited, topic(s) viewed, most popular pages of the Website, Users’ Internet connection type and browser use NEWGEN27 LLC DBA DOCTOR’S BIOME may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Website and services.
- WEBSITE USE OF INFORMATION. Notwithstanding anything herein to the contrary, by submitting Personal Information, You grant NEWGEN27 LLC DBA DOCTOR’S BIOME, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers, and employees the right to store, use, and distribute Your Personal Information. We gather and use information as follows: We will receive and store any information you enter on the website or give us in any other way that personally identifies you to improve Your experience at the website, to get a better general understanding of the type of individuals visiting the website and to enable us to contact you when needed. By submitting this personally identifiable information to Our Website you agree to receive email and postal mail from the Company and other third party marketers. You further understand and agree that by using these services, you are extending an express invitation for the Company, and other third marketers to contact you by telephone at the numbers you have provided and you hereby consent to any such calls even if Your phone numbers is on any federal state or other do not call lists. We believe in 100% permission based marketing members always have the option to unsubscribe link at the bottom of these emails by clicking on the sample unsubscribe link at the bottom of these emails. Users also have the options of completely removing their information from our database by submitting the request at www.DoctorsBiome.com. Please, note that user information may be cached in search engine indexes after removal and that this Website and NEWGEN27 LLC DBA DOCTOR’S BIOME has no control over such caching.
- ACCOUNTS, PASSWORDS AND REGISTRATION TO THE WEBSITE. You agree that We are not responsible or liable for the personal protection and security of any password or username that you may use to access this Website. You are responsible for maintaining the confidentiality of the password and account, and can help keep Your account secure by using a strong password. You are solely responsible for any and all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to Your username or password. If You lose a password to Your account or are subject to a stolen password, You must immediately notify Us.
- CONTENT FROM THE WEBSITE. As between You and NEWGEN27 LLC DBA DOCTOR’S BIOME, You own any and all content that You submit to the Website. You grant NEWGEN27 LLC DBA DOCTOR’S BIOME, and its affiliates a right to use, distribute, and send your content to third-parties to perform the transaction(s) being requested.
- ABUSING THE WEBSITE. Please send Us an email through the “contact us” section located on the www.DoctorsBiome.com site to tell Us about any problems or offensive content so that together We can keep the Website working properly. We may limit or terminate our service, remove hosted content and/or take technical and legal steps to keep Users off the Website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether We decide to take any of these steps, remove hosted content or keep a user off Website or not, We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by Users.
- LIMITATIONS ON WEBSITE SERVICES. You acknowledge that the Company may establish limits concerning use of the service, including the maximum number of days that content will be retained by the Website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which You may access the Website. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You acknowledge that the Company reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
- POSTING AGENTS. A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content on the Website on behalf of others. To moderate demands on the Website's resources, You may not use a Posting Agent to post any content on the Website without express permission or license from Us. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Website to facilitate posting content on behalf of others, except with express permission or license from the Company.
- NO SPAM POLICY. You understand and agree that sending unsolicited email advertisements to Our email addresses or through Our computer systems or Our Site, is expressly prohibited by this Agreement. Any unauthorized use of Our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. This section shall survive the termination of this Agreement.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THIS WEBSITE AND ITS GUIDELINES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE PRODUCTS, PACKAGES, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER NEWGEN27 LLC DBA DOCTOR’S BIOME’S, OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION, CONTENT, GUIDELINES, AND SERVICES CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER NEWGEN27 LLC DBA DOCTOR’S BIOME’S, OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, PACKAGES, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
- ENDORSEMENT WAIVER. Reference to any specific healthcare or fitness professionals, products, clubs, procedures, process, opinions, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, or recommendation by NEWGEN27 LLC DBA DOCTOR’S BIOME or its owners. NEWGEN27 LLC DBA DOCTOR’S BIOME encourages You to exercise discretion when browsing the internet. Any link on the NEWGEN27 LLC DBA DOCTOR’S BIOME Website is provided solely for your information and as a convenience to You and NEWGEN27 LLC DBA DOCTOR’S BIOME and its affiliates make no representation or warranty about the legality of any third party Website nor about its accuracy, content, products or services. Any such Website is independent from NEWGEN27 LLC DBA DOCTOR’S BIOME, and NEWGEN27 LLC DBA DOCTOR’S BIOME has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between the NEWGEN27 LLC DBA DOCTOR’S BIOME Website and another Website further does not mean that NEWGEN27 LLC DBA DOCTOR’S BIOME endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at Your own risk, requiring You to make Your own independent decisions regarding Your interactions or communications with any other Website. NEWGEN27 LLC DBA DOCTOR’S BIOME expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the NEWGEN27 LLC DBA DOCTOR’S BIOME domain.
- INDEMNITY. You agree to indemnify and hold NEWGEN27 LLC DBA DOCTOR’S BIOME, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party claims due to or arising out of our products, packages, guidelines, services, or offerings, Your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity. This section shall survive the termination of this Agreement.
- TERMINATING OUR SERVICES. You may terminate or stop using our services at any time. NEWGEN27 LLC DBA DOCTOR’S BIOME may also stop providing services to You, add or remove functionalities or features or stop a service completely. You agree that We, at our sole discretion, have the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any content within the Website, for any reason, including, without limitation, if We believe that You have acted inconsistently with the letter or spirit of this Agreement. Further, You agree that We shall not be liable to You or any third-party for any termination of Your access to the Website. Further, You agree not to attempt to use the Website after said termination.
- DISPUTE RESOLUTION. This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement is governed by the laws of the State of New York. Any disputes relating in any way to Your use of the NEWGEN27 LLC DBA DOCTOR’S BIOME Site and its content, guidelines, and services shall be submitted to confidential & binding arbitration in, except to the extent that you have in any manner violated or threatened to violate NEWGEN27 LLC DBA DOCTOR’S BIOME intellectual property rights. NEWGEN27 LLC DBA DOCTOR’S BIOME may seek injunctive or other appropriate relief in any state or federal court in the state of New York and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding & may be entered as a judgment in any court of competent jurisdiction. If we don't enforce any particular provision, we are not waiving our right to do so later. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, then this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement. We may send notices to You through the email address You provide, or by certified mail. Notices sent by certified mail will be deemed received five days following the date of mailing. We may update this Agreement at any time, with updates taking effect when You next use the Website or after 30 days, whichever is sooner. No other amendment to this Agreement will be effective unless posted at Our Website. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
- FORCE MAJEURE. If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond Our control We are unable to perform in whole or in part the obligations as set forth in this Agreement, then the Company and the Site shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make the Company or the Site liable to You.
- RELATIONSHIP OF THE PARTIES. Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
- MESSAGES TRANSMITTED THROUGH ELECTRONIC MAIL. Notwithstanding any of the foregoing, if You voluntarily provide Your E-mail address for public distribution or for any other purpose to Us then You agree to receive unsolicited advertisement or promotional message from Us our its agents, or affiliates, or associated third parties. If You want to opt out then You must contact Us by submitting an e-mail through the “contact us” section located on the www.DoctorsBiome.com site.
- SECURITY PROCEDURES. NEWGEN27 LLC DBA DOCTOR’S BIOME undertakes reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. NEWGEN27 LLC DBA DOCTOR’S BIOME undertakes reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although NEWGEN27 LLC DBA DOCTOR’S BIOME is ever diligent in its security pursuits, it cannot guarantee the success of its efforts.
- CONTRIBUTIONS. Please send questions, comments or complaints (“Contributions”) to www.DoctorsBiome.com by submitting an e-mail through the “contact us” section. By submitting ideas, suggestions, documents or proposals to NEWGEN27 LLC DBA DOCTOR’S BIOME through its suggestions or feedback WebPages, you acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) NEWGEN27 LLC DBA DOCTOR’S BIOME is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) NEWGEN27 LLC DBA DOCTOR’S BIOME, shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) NEWGEN27 LLC DBA DOCTOR’S BIOME, may have something similar to the Contributions already under consideration or in development; (v) you irrevocably non-exclusively license to NEWGEN27 LLC DBA DOCTOR’S BIOME rights to exploit Your Contributions; and (vi) you are not entitled to any compensation or reimbursement of any kind from NEWGEN27 LLC DBA DOCTOR’S BIOME under any circumstances.
- REFUND POLICY. NEWGEN27 LLC DBA DOCTOR’S BIOME provides products, packages, and services through its website or authorized agents and representatives. Sales of all products, packages and services by NEWGEN27 LLC DBA DOCTOR’S BIOME are final and no purchased product, package or service may be returned for refund.