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Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.

[BerryBoost, Inc.] (“Berryboost”) operates this Web site (the “Web Site”) as a service to its customers and other interested persons subject to these Terms and all modifications thereto, in addition to guidelines that may be published from time to time by Berryboost. By entering and/or using this and other Web sites owned, operated and maintained by Berryboost or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the following terms and conditions (“Terms”) of use. Berryboost reserves the right to modify them at any time, and without actual notice to you. You should check these Terms periodically for changes. All such changes to these Terms will appear on this Web site. By entering and/or using this Web site following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.

YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.

The operations, businesses and properties described in this Web site are owned and operated by Berryboost. The terms “Berryboost,” “company,” “we,” “our,” and “its” when referring to Berryboost are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.

WEB SITE SERVICES

The Web Site is intended to provide information about Berryboost and its products to potential customers, customers, and other persons interested in research on aging and dietary supplements. Such information about Berryboost may include, without limitation, a description of its products and services, and methods of becoming a customer of Berryboost, as well as summaries of certain academic research in the subjects of aging, diet and dietary supplements and related issues.

INTELLECTUAL PROPERTY RIGHTS

As between Berryboost and you, Berryboost is the sole owner of all content on the Web Site including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations and arrangements), and other intellectual property rights thereto. Except as otherwise provided in these Terms, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens. All title and intellectual property rights in and to the content of the Linked Sites (as defined below) are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is the Berryboost Webmaster.

RESTRICTIONS ON USE OF MATERIAL OR LINKING TO THIS SITE

The content on this Web Site is intended for informational purposes only. These Web pages or any portions thereof may not be framed, reproduced or redistributed for commercial gain or any other purpose. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, create derivative works from, or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us - and from all other entities with an interest in the relevant intellectual property - may you publish, copy, display or commercially exploit any material from the Web Site. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Web Site. Moreover, any Berryboost, affiliate or third party corporate names and logos may not be altered or used without specific, prior written permission. If you choose to link to Berryboost through any mechanism, you are permitted to link only through a plain-text link to this Web page. For any other type of link to the Web Site, you must first request Berryboost to grant permission for such type. Berryboost may grant such permission in its sole discretion. You are not permitted to use any link other than a plain-text link, nor to link to any other Berryboost Web pages without obtaining our prior written consent or authorization. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Berryboost Web Site, at our sole discretion, at any time. Any unauthorized deep linking to our Web sites shall operate to void any and all rights permitted under this agreement and may subject you to legal action and liability under all applicable laws.

To seek our permission, please contact the Berryboost Webmaster.

USE OF SITE

A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:
• Logging into or attempting to log into a server or account that you are not authorized to access;
• Accessing data or taking any action to obtain services not intended for you or your use;
• Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
• Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Site or Services;
• Interfering with, intercepting or expropriating any system, data or information; or
• Interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.

B. Other Prohibited Actions. In using the Site or Services, you must not:

• Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;
• Engage in conduct which could damage or impair the intended operability of the Site or the Services;
• Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting; or
• Assist or permit any persons in engaging in any of the activities described above.

C. You agree that use of any information obtained via the Site or Services is at your own risk.

D. Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the Site and Services any manner.

E. No Licensing. By your use of the Site or the Services you receive no license, express or implied, under any patent rights or trade secret rights now or hereafter, owned, controlled or possessed by Berryboost.

F. International Use. Because of the global nature of the Internet, you agree to comply with all local rules of your jurisdiction regarding online conduct and content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

DISCLAIMER OF WARRANTIES

BERRYBOOST PROVIDES THE INFORMATION ON BERRYBOOST WEB SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, BERRYBOOST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OF THE WEB SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. BERRYBOOST DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BERRYBOOST BE LIABLE TO ANY PARTY FOR: (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS PROFITS, LOSS OF PROGRAMS OR LOSS OF INFORMATION), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE MATERIALS IN THIS WEB SITE OR ANY OTHER BERRYBOOST WEB SITE, EVEN IF BERRYBOOST OR A BERRYBOOST AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. IN NO EVENT SHALL BERRYBOOST’ TOTAL LIABILITY TO YOU HEREIN, FOR ANY CLAIM OR ACTION ARISING FROM USE OF THE WEB SITE OR ANY PRODUCTS SOLD ON THE WEBSITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR THE PURCHASE PRICE FOR SUCH PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BERRYBOOST’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNITY

You agree to indemnify, hold harmless, and defend Berryboost, as well as its officers, directors, and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based on, arises out of, or relates to your violation, or violation by any person using your password or account of the terms and conditions of this Agreement.

THIRD-PARTY LINKS

You may be able to link to third parties’ Web sites (“Linked Sites”) from the Berryboost Web Site. Linked Sites are not, however, reviewed, controlled or examined by Berryboost in any way, and Berryboost is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Berryboost’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. You should be aware that the privacy policies at the Linked Sites will be different from the privacy policy governing the Berryboost Web Site. It is your sole responsibility to read and adhere to the privacy policies of the Linked Sites. Berryboost shall not be responsible for the use of any information that you may submit to the Linked Sites. Further, in no event shall Berryboost be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. Berryboost reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Berryboost Web Site and/or introduce different features or links to different users.

APPLICABLE LAWS/JURISDICTION

By accessing or visiting our Web sites, you expressly agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Web Site may be subject to other local, state, national and international laws. You expressly agree that exclusive jurisdiction for any claim, dispute or cause of action with Berryboost, or relating in any way to your use of the Web Site, resides in the courts of the State of California, with venue residing solely in the United States District Court for the Eastern District of California or a similar California state court within Fresno County, California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute and including any claim involving Berryboost or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

By accessing or visiting our Web sites, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by federal or California laws. We control and operate this Web Site from our offices in the state of California in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access this Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this Web Site.

USER’S ACCEPTANCE OF THIS POLICY

By visiting the Web Site, you signify your assent to the terms of Berryboost’ privacy policy. If you do not agree with the terms of this privacy policy, please do not use the Web Site. We reserve the right, at our sole discretion, to change, modify, add or remove portions from this privacy policy at any time. Your continued use of the Web Site following the posting of changes to these terms means you accept these changes.

PRODUCT DISCLAIMERS

The Food and Drug Administration has not evaluated these statements and no claims are made or implied in regards to health benefits, athletic performance improvement or disease prevention. BerryBoost products are not intended to diagnose, treat, cure or prevent any disease. The information contained on this website has been developed from academic research on food supplements and aging and is intended for educational purposes only. This website and the information contained herein is not intended to be a substitute for informed medical care or advice. You should not use this information to diagnose or treat any health problems or illnesses without consulting your personal physician. Before starting any exercise or diet program, you should first consult with your primary care physician or other healthcare practitioner whether or not you are seeing him or her for any symptoms, diseases, or health conditions. BerryBoost Products may be contra indicated if you are allergic to berries or if blood thinning, blood pressure, or any other pharmaceutical drugs are taken without first consulting with your doctor or other health care provider.

Elderberry, chokeberry, and blackcurrant have shown positive benefits for heart health in numerous tests and academic studies. However, these comments have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease or medical condition. APEXElderberry, APEXChokeberry and APEXBlackcurrant contain powerful anthocyanins which have been shown in numerous studies to lower blood pressure, thin blood, and lower glucose levels among other results. Generally these are results are not harmful and are considered healthy. However, anyone allergic to berries, pregnant and lactating women, anyone on medication, and anyone prone to low blood pressure, low blood sugar, and hemorrhaging, should consult with their physician before taking BerryBoost Cardio Formula or any other BerryBoost product.
Elderberry extract has shown positive results in diminishing flu symptoms in tests in numerous tests and academic studies. However, these comments have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease or medical condition. Elderberry contains powerful anthocyanins which have been shown in numerous studies to lower blood pressure, thin blood, and lower glucose levels among other results. Generally these are results are not harmful and are considered healthy. However, anyone allergic to berries, pregnant and lactating women, anyone on medication, and anyone prone to low blood pressure, low blood sugar, and hemorrhaging, should consult with their physician before taking BerryBoost Immune Formula.

GENERAL TERMS

A. Entire Agreement. The Terms constitute the entire agreement between you and Berryboost and govern your use of the website, superseding any prior agreements between you and Berryboost. You also may be subject to additional terms and conditions that may apply when you use or purchase any Berryboost products.
B. Waiver and Severability of Terms. The failure of Berryboost to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
C. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
D. Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

 

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HEALTH WARNING: read more

*These statements have not been evaluated by the Food and Drug Administration. BerryBoost products are not intended to diagnose, treat, cure, or prevent any disease. The information contained on this website has been developed from academic research on supplements, dietary phytochemicals, vitamins, minerals, athletic performance, and aging and is intended for educational purposes only. This website and the information contained herein is not intended to be a substitute for informed medical care or advice. You should not use this information to diagnose or treat any health problems or illnesses without consulting your personal physician.