Account Policies
Effective Dates
June 15, 2022 – until further notice
-Healthgevity reserves the right to determine which of its Internet Policies applies to each Customer.
-Notice: Healthgevity products sold to U.S. customers may not be sold or shipped internationally unless approved.
Minimum Advertised Pricing:
The Minimum Advertised Price (“MAP”) Policy of Healthgevity applies to all of Healthgevity Practitioner-Customers selling its professional lines of products with the Healthgevity logo or name on the label to end-users who are patients of the practitioner-Customer. The MAP Policy is for practitioner-Customers and requires such practitioner-Customers to advertise such products at or above the Minimum Advertised Price, as noted on the “Practitioner-Patient Price List”.
Practitioner-Customers who have both their own website and a Healthgevity hosted online store may place a link to their Healthgevity online store on their own website, but may NOT advertise, communicate, or otherwise indicate that discounts may be available.
Practitioner-Customers selling directly to end-users may offer discounts privately to their own patients. Healthgevity may, from time to time, offer practitioner-Customers the ability to sell specific products at special promotional pricing.
The Minimum Advertised Prices are unilaterally set by Healthgevity and are not open to discussion or negotiation with any practitioner-Customer. Healthgevity neither seeks (nor will it accept) any assurances from a practitioner-Customer that such Customer will not deviate from this MAP Policy.
Healthgevity reserves the right to not sell or supply products to any practitioner-Customer who is affiliated with a website that violates this MAP Policy.
Customer-owned websites/domain names must be registered to the individual or the business name of the practitioner-Customer who is purchasing products from Healthgevity.
Notice:
Healthgevity reserves the right to not sell or supply its products to Customers, practitioner-Customers and Distributors who are not in compliance with Healthgevity ‘s Internet Policies, who are selling or supplying Healthgevity products to individuals or entities that are not in compliance with Healthgevity’s Internet Policies and any active practice within the BioTE Medical Network.
Third-Party Sites:
Healthgevity ‘ policy is for all of its practitioner-Customers selling Healthgevity products on-line to sell only on Customer-owned or Healthgevity -hosted E-Commerce websites. Healthgevity does not authorize or permit sales of its professional lines of products on third-party websites (such as Amazon.com, eBay, and similar sites).
Healthgevity reserves the right to not sell or supply products to any practitioner-Customer who sells Healthgevity products on third-party websites or is an active provider within the BioTE Medical network.
Healthgevity will pursue the removal of unauthorized listings on third-party sites. Healthgevity expects practitioner-Customers selling Healthgevity products to cooperate with requests related to third-party sites and investigatory inquiries.
Business Partners/Affiliate Programs:
Healthgevity products may not be re-sold or re-distributed by a practitioner-Customer to any affiliate or business partner of the Customer without Healthgevity ‘s knowledge and prior written consent, which may be withheld in Healthgevity ‘s sole discretion.
Payments for “click-throughs” or referral fees for the sale of a Healthgevity product are prohibited.
Use of Trademarks:
Customers shall not have the right to affix any of Healthgevity trademarks to any product or other material, other than in the manner permitted in this Policy. Customers shall not have any ownership right, title, or interest, express or implied, in Healthgevity trademarks.
Customers may not use Healthgevity trademarks (or copyrighted material) on third-party websites (such as Amazon, eBay, and similar sites). Healthgevity trademarks may be used on social media websites (such as Facebook, Twitter, and similar sites), as long as usage complies with all other aspects of this Policy.
Customers may not use Healthgevity trademarks to purchase online advertising or as key words for paid advertising purposes.
Customers who choose to use Healthgevity trademarks on their websites must do so in a manner that prevents the trademarks from being searchable or “crawled,” to prevent the website or webpage from appearing in search engine results.
The trademarks are solely and exclusively the property of Healthgevity.
Customers may use the Healthgevity trademarks only in their current form, and in a form, context, and location that is acceptable to Healthgevity. Healthgevity may review a Customer’s website at any time. Healthgevity reserves the right to require a Customer to make changes to the Customer's website to the extent the Customer is using the Healthgevity trademarks in a manner that violates Healthgevity ‘s policies, any applicable FDA or FTC regulations, or any other applicable laws or regulations.
Customers may not use any Healthgevity product names, trademarks or copyrights as part of a URL (Universal Resource Locator), secondary level domain name, key word or file name.
All content included on Healthgevity ‘s websites, including text, graphics, images, video clips, and audio clips, is the property of, or is licensed by, Healthgevity and is protected by U.S. and international copyright laws. A Customer may not use, copy, reproduce, distribute, publish, display, modify, create derivative works, transmit, or in any other way exploit, any part of copyrighted material without obtaining the prior written consent of Healthgevity, which may be withheld in Healthgevity ‘s sole discretion. Content posted on Healthgevity ‘s social media pages may be freely shared or re-posted.
The Healthgevity logo may be used only in the special form supplied by Healthgevity for use on Customer-owned websites; neither the file name nor the name of the image may be changed or modified from the original form supplied by Healthgevity.
Disease Claims:
FDA requirements prohibit disease claims from being associated with dietary supplements. In order to protect both practitioner-Customers and Healthgevity itself from potential legal liability, Healthgevity dietary supplements may not be displayed or mentioned in association with disease claims. Only claims that appear on the Healthgevity website may be used.
Product Reviews and Testimonials: For dietary supplements and cosmetics, product reviews and testimonials must be monitored and must not include disease claims.
Miscellaneous:
Healthgevity may, in its sole discretion, revise this Policy at any time. In addition, Healthgevity may, in its sole discretion, terminate a Customer's non-exclusive, limited license to use Healthgevity trademarks or copyrighted materials at any time, upon written notice.
Any failure or delay by Healthgevity in enforcing any provisions of this Policy or any of Healthgevity’s rights with respect to any of the trademarks shall in no way be considered a waiver of such provisions or rights and shall not prevent Healthgevity from enforcing the same or other provisions or rights at a later date.
Violations of Policy:
Customers who violate this Policy will receive notice from Healthgevity that they are in violation of the Policy. If a Customer fails to bring the Customer’s website into compliance, Healthgevity may de-activate the Customer’s account, and the Customer will no longer be able to purchase Healthgevity products. In addition, the Customer will be required to immediately cease all use of Healthgevity trademarks and copyrighted materials on the Customer's website and on the Internet.
Customers who correct their websites to comply with this Policy should promptly notify Healthgevity. Healthgevity then will review the Customer's website. If Healthgevity determines that the Customer has brought his or her website into compliance, the Customer's account may be re-activated.
Healthgevity has adopted a zero-tolerance approach regarding enforcement of this Policy. Once a Customer has fallen out of compliance with this Policy and has received a notice from Healthgevity, in the event of any subsequent violation, Healthgevity reserves the right to immediately terminate the Customer’s account.
INFORMATION DISCLAIMER
Information and/or material provided on the Services is provided for general informational and/or educational purposes. The information provided on the Sites is provided “As Is,” without any warranty of any kind, including without limitation any representation or warranty as to its accuracy, completeness or fitness for any particular purpose or use.
INFORMATION ON THE SITE IS NOT PROVIDED AS, NOR SHOULD IT SUBSTITUTE FOR MEDICAL ADVICE.
IF YOU ARE SEEKING MEDICAL ADVICE YOU ARE URGED TO CONSULT WITH YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL.
IF YOU BELIEVE THAT YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR CALL 911, IMMEDIATELY.
No information provided on the Sites is intended to make or imply any drug claims for the treatment of any disease or health condition, or to make any comparison or implied claims against any FDA approved interventions for any disease or health condition. No information provided on the Sites should be used in the diagnosis of any disease or health condition. For diagnosis of any disease or health condition, you should consult your physician or licensed healthcare professional.
Information included on the Site may be derived from reviews of relevant scientific and medical literature, from Healthgevity ‘s advisors, and/or from Pendulum’s own research findings and clinical studies, and may reflect interpretations of the authors, advisors and Healthgevity personnel. There may always be varying opinions, interpretations and conclusions reached by others based upon the same, similar or different research.
While Healthgevity will endeavor to keep the information on the Sites current and consistent, information may become outdated over time, or superseded by subsequent disclosure. The Sites may include technical or other inaccuracies, inconsistencies or typographical errors. Healthgevity assumes no liability for accuracy, completeness or usefulness of the information contained on the Sites. Changes may be periodically added to the information and these changes will be incorporated in new editions of the Site.
Indemnification.
Reseller Indemnification. Reseller shall indemnify, hold harmless, and defend Supplier and its parent, officers, directors, partners, members, shareholders, employees, agents, affiliates, successors and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees or fines, and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers (collectively, "Losses"), incurred by Indemnified Party and arising out of or relating to any Claim of a third party:
- Relating to a breach or non-fulfillment of any obligation under this Agreement by Reseller or Reseller's Personnel
-Alleging or relating to any grossly negligent or more culpable act or omission of Reseller or its Personnel (including any recklessness or willful misconduct) in connection with the performance of its obligations under this Agreement;
-Alleging or relating to any bodily injury, death of any Person or damage to real or tangible personal property caused by the willful or negligent acts or omissions of Reseller or its Personnel;
-Relating to a purchase of a Product by any person or entity purchasing directly or indirectly through Reseller; or Relating to any failure by Reseller or its Personnel to comply with any applicable Laws.
Product Storage and Handling. Reseller shall store the Products in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and in accordance with any additional storage guidelines specified by Healthgevity.
This Agreement and any dispute arising under it shall be governed by, construed, and enforced in accordance with the laws of the State of New Jersey without regard to its choice of law rules. In the event of a dispute over the terms of this Agreement or any transactions, the account holder expressly submits to personal jurisdiction and venue in the federal or state courts in Monmouth County, New Jersey.