Privacy Policy

This is the privacy policy ("Privacy Policy") for GoBiotix.com ("Site", "we", "us," or "our"), an Internet website offered by Go Biotix LLC. This Privacy Policy applies whether you are accessing the Site via a personal computer, mobile device or any other technology or devices now known or hereafter developed or discovered. Your privacy is important to us. Please take a moment to familiarize yourself with our privacy practices. We may amend this Privacy Policy from time to time by updating this page, so please check this page periodically to ensure that you are informed about any changes that we implement. If you do not agree with this Privacy Policy, please do not participate in the Site or any features, activities or services offered though the Site.

COLLECTION AND USE OF PERSONAL INFORMATION

Personal information is data that can be used to uniquely identify or contact a single person. You may be asked to provide your personal information any time you are in contact with us or our affiliates. We may share this personal information with our affiliates and use it consistent with this Privacy Policy.

Here are some examples of how we collect personal information:

• When you purchase products through the Site, you are required to provide certain information, such as your first and last name, address, telephone, and email address.
• If you choose to communicate with us through email, via our website, by telephone, in writing or through other means, we may collect any personal information that you voluntarily provide to us.
• There may be a separate registration process to enter promotions such as contests and sweepstakes that may require the submission of all or some of the following: your first and last name, address, telephone number and date of birth. Additional information may be requested depending on the specific promotion, but submission of such information may be optional. The promotion's entry page or rules will provide the specific requirements.

Here are some examples of how we use personal information:

• The personal information that we collect allows us to keep you posted on our latest product announcements, promotions, special offers, and upcoming events. It also helps us improve our products, services, content, and advertising
• From time to time, we may use your personal information to send important notices. Because this information is important to your interaction with us, you may not opt out of receiving these communications
• We also may use personal information for internal purposes such as audits, data analysis, and research to improve our products, services, and customer communications.
• If you enter a sweepstake, contest, or similar promotion, we may use the information that you provide to administer those programs.

COLLECTION AND USE OF NON-PERSONAL INFORMATION

Non-personal information is data in a form that does not permit direct association with any specific individual. As is true of most websites, we may collect, use, and disclose non-personal information, such as user Internet Protocol (IP) addresses, browser type and language, Internet Service Provider (ISP), referring and exit pages, and date/time stamp, for any purpose, such as to better understand user behavior and facilitate the effectiveness of our content and advertising.

DISCLOSURE TO THIRD PARTIES

At times, we may make certain personal information available to strategic partners that work with us to provide products and services, or that help us market to customers. Personal information will only be shared by us to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

We also may disclose any information that we possess about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes, or if we determine that disclosure is reasonably necessary to enforce our Terms of Use. Additionally, in the event that we undergo a corporate reorganization, merger, or sale, we may transfer any and all personal information that we collect to any third party involved in such transaction.

COOKIES & DO NOT TRACK REQUESTS

We use cookies and other persistent identifiers to enhance your experience and track information about visitors and visits to our Site. Cookies are small files that enable this Site's or service provider's systems to recognize your browser and carry certain information. Customer's may have the ability to have their personal computer warn them each time a cookie is set, or turn off cookies through their browser. Each browser is different, so look at your browser Help menu to learn the correct way to modify your cookies. Turning cookies off may interfere with the normal functionality of the site.

In addition, some web browsers may transmit "do-not-track" signals to the websites with which the browser communicates. We currently do not take action in response to these signals.

REQUESTS TO OPT-OUT, REMOVE OR MODIFY INFORMATION

If you do not want to be on our electronic mailing list, you can opt out any time. To modify your e-mail subscription, please unsubscribe from emails via the unsubscribe link in each email.

TERMS AND CONDITIONS

Terms of Use for Data Site for Product Content

Access to and use of this site is limited to approved customers (each, a “Customer” or “you”) who choose to use trademarks, artwork, photographs and trade dress found on the labeling of products (the “Products”) sold by Gobiotix or one of its affiliates or subsidiaries (“Gobiotix”) and located on this site (the “Content”) and agree to be bound by the following Terms of Use (“Terms”).

1. License. Customer agrees that use of the Content is under a revocable, non-transferrable, non-sublicenseable, non-exclusive license and is only permitted in the normal course of advertising and selling the Products.

2. Ownership and Use of Content and Intellectual Property; Compliance.

1. All Content included in this site, such as HTML code, scripts, texts, graphics, logos, icons, images, video, and audio, is Gobiotix’s property and is protected by United States and international copyright laws. All software used on this site is Gobiotix’s property and is protected by United States and international copyright laws.

1. Gobiotix retains the exclusive right, title and interest in and to the Content as well as, at its option, to any modifications and all use thereof shall inure to Gobiotix. All use of Content is at Customer’s sole risk and Gobiotix is under no obligation to monitor Customer’s use or notify any customers of changes or deletions. Customer is responsible for complying with all applicable local, state, federal and foreign laws relating to its use of the Content. Customer may not violate any applicable law or regulation with its use of the Content.

1. Customer agrees to not modify, change, exploit, disparage, or make derivative works, any portion of the Content for any reason. Moreover, Customer may not, without our express written consent, do any of the following: (a) link to any web page of this site; (b) use any metatags or any other “hidden text” utilizing our Content; or (c) frame, inline link or utilize other similar techniques to associate or juxtapose any Content with advertisements and/or other information not originating from this site.

3. Updates. Customer shall be responsible to periodically check for updates or changes to the Content and to likewise ensure that Customer is using the most recent and accurate Content.

4. Termination. Gobiotix may withdraw or terminate this license at any time or may disapprove the use of the Content on or the use of any of its intellectual property as the URL of particular website(s), in which case Customer shall immediately cease use and transfer ownership upon Gobiotix’s demand.

5. Disclaimer and Trademark Attribution. All promotional and advertising materials bearing the Content shall include appropriate legal notices as established from time to time by Gobiotix, including the FDA disclaimer “These statements have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure or prevent any disease.” and “[Trademark] is a trademark of **** Inc.” or “[Trademark] is owned by ****, Inc.” The rights accruing to Gobiotix hereunder will be deemed for the benefit of Company and its affiliates and subsidiaries.

6. Reservation of Right. Gobiotix reserves the right, in its sole discretion, to determine which customers may purchase its products, and what selection of combination of Products, if any, are available to each approved customer. Gobiotix also reserves the right, in its sole discretion, to sell to any party, to refuse to sell to any party, or to cease selling to any party.

7. Privacy Statement. Gobiotix may collect certain information in connection with your use of the site such as: name, business email address, username and password, business information, location information (if you choose to provide it), navigational information like IP address and browser type and version. Gobiotix uses this information for, among other things, improving and developing our websites, contacting you in relation to your use of the website, servicing users, responding to your inquiries, analytics, monitoring site activity, and improving the effectiveness of the site. Failure to provide this information may prevent your access and use of some or all of the site’s features. Gobiotix does not sell, rent, or trade this information without your permission except that it may share your information with the following: contractors, vendors, and affiliates to perform tasks on our behalf; a third party company and its parent entities which owns, acquires, is acquired by or otherwise is merged with Gobiotix; as required by law and as necessary and appropriate to protect Gobiotix from harm due to fraud or other illegal activities. Notwithstanding the foregoing, information submitted by you will be transmitted to and shared with third parties that may be in other countries, in order to provide you services, including but not limited to transaction processing and fraud prevention.

Gobiotix utilizes reasonable technical, administrative and physical measures designed to protect the personal information in its custody or control from unauthorized access, use, modification and disclosure. Moreover, Gobiotix regularly monitors its systems for possible vulnerabilities and attacks. While Gobiotix implements these security measures on this site, you should be aware that 100% security is not always possible.

8. Indemnification. Customer agrees to defend, indemnify, and hold harmless Gobiotix, its officers, directors, employees and its agents from and against any claims, demands, actions, suits, proceedings, costs, expenses, damages and liabilities, at law or in equity claims, actions or demands, including without limitation, reasonable legal fees, arising out of, connected with, or resulting from Customer’s use of the Content or use of the Content in violation of these Terms.

9. DISCLAIMER OF WARRANTIES: THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NUTRACEUTICAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE AND DIFFERENT INFORMATION THAN WHAT IS PROVIDED IN THE CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE MATERIALS MADE AVAILABLE ON IT ARE AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF NUTRACEUTICAL IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

11. Governing Law. These terms shall be governed by the laws of the State of Delaware.

12. Agreement to Arbitrate: Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the site will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Salt Lake County, Utah, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.

You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Utah, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations but is bound by rulings in prior arbitrations involving the same complainant to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Salt Lake County, Utah.

13. Miscellaneous:

1. Gobiotix’s failure to enforce any right or provisions of the Terms shall not constitute a waiver of such right or provision.

1. If any provision in these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

1. Gobiotix reserves the right to change, update and revise these Terms from time to time, at its sole discretion, by posting the most current version of the Terms at this site. By continuing to access this site and by using the Content, Customer confirms its consent and agreement to be bound by the most recent Terms.

1. These terms do not amend or override Gobiotix’s terms and conditions of sale or any channel restriction agreements or any MAP policy.

1. Titles and headings to sections herein are inserted for the convenience of reference only and shall not in any way define, limit, extend or describe the scope of this Agreement or otherwise affect the meaning or interpretation of this Agreement.

Gobiotix Terms & Conditions

Any queries regarding any of our terms, please contact us.

Shipping & Returns Policy

Customer Service

Your order is as important to us as it is to you. Our in-house Consumer Affairs department will be happy to assist you with any queries or other issues relating to your order. Please email us during standard business hours 9am-5pm Pacific Standard Time M-F, and a representative will be in touch with you. Remember, all queries are answered in the order in which they are received, and as a result, delays occur from time to time. Requests made outside of standard weekday business hours will be addressed as soon as possible.

Shipping Locations

Our shipper, FedEx, cannot ship to any box-type address including PO/APO/FPO. Any orders placed with these addresses will not be accepted. Additionally, we only ship to locations within the United States. For international consumers, we recommend contacting the authorized distributor for your country to see where in your area GoBiotix products are sold.

Return Policy

GoBiotix may accept returns of merchandise purchased directly from GoBiotix through the Site only when all of the following conditions are satisfied:

• The merchandise must be received by GoBiotix within 30 days of your purchase, no returns will be accepted after this time period.
• You must provide your Purchase Order number as received when your order was placed through the Site.
• Apparel and Accessories: Apparel and accessories must be unworn, unwashed and in good condition with all original tags and labels attached to the item and in the original packaging
• Dietary Supplements and other consumable products: Dietary supplements and other consumable product returns are only accepted if it was purchased through optimumnutrition.com or Consumer Affairs for which 75% or more of the product is unused

If you need to make a return, please call us during normal business hours (9-5 Central M-F) before sending the merchandise back. You will be asked to provide your Purchase Order number as received when an order was placed on the Site. Once we determine that your merchandise is eligible for return (see Return Policy), you will be issued a Return Authorization Number and given instructions on how to complete the process.

All reimbursements will be made to the credit card used for the original purchase. Please allow 2 billing cycles for the reimbursement credit to appear on your credit card statement.

Damaged, Lost or Stolen Merchandise

We make every effort to safely secure and ship your order, but understand that, on rare occasion, merchandise can be damaged in transit. If you feel that your order was damaged during delivery, report it immediately and a representative will contact you. We are not responsible for lost or stolen merchandise.

Promotional Items

All sales are FINAL on any promotional items sold on the Site or otherwise distributed by GoBiotix through any other format, and GoBiotix will not accept any returns of promotional items for any reimbursement whatsoever.

Back Orders

Although every attempt is made to maintain inventory on all of our products, there's a small chance that supply may not always keep up with demand. In this event, you will receive an email letting you know of your partial credit due to the out of stock item. We cannot hold pre-authorizations for an extended period of time and therefore any out of stock items will be cancelled off the order. We only charge for the items shipped.

Delays

Orders are typically shipped within 48-72 business hours. Once shipped, you will receive tracking information to your email address provided at the time of order. If an email receipt is not received, contact Consumer Affairs for verification. Be advised that shipping delays sometimes occur with our carrier, and are therefore beyond our control. Please allow up to 7 to 12 business days for delivery.

Prices & Availability

Prices and availability of all products are subject to change without notice.