Terms and Conditions of Sale

General.  By purchasing products from Functional Genomic Nutrition, (“FGN,” “we”, “us” or “our”) through this web site (the “Site”), you agree to the terms of sale herein (the “Terms”).  Please read these Terms carefully. Functional Genomic Nutrition reserves the right to update, amend, or modify the Terms at any time and without notice, to change the Site, including eliminating or discontinuing any products, and to deny, suspend, or terminate your use of and/or access to the Site for any or no reason and without notice to you.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Account Set Up. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Site Content for Information Purposes Only.  The information and content contained in the Site is provided for informational purposes only and is not meant to provide you with medical advice. The Site is not a substitute for medical care or a substitute for seeing or obtaining advice from a doctor or other health care professional.  You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by health care or service professionals employed by or contracting with Functional Genomic Nutrition) for diagnosing, treating, curing, or preventing a health problem or disease, or prescribing any medication. Information and statements regarding dietary and other health care supplements on the Site have not been evaluated by the Food and Drug Administration. The information, statements, and dietary supplements on the Site are not intended to diagnose, treat, cure, or prevent any disease.

We work to ensure that product information on the Site is correct; however, changes to products may occur from time to time, and actual product packaging and materials may contain more and/or different information than that shown on the Site. Please consult all labels, warnings, and directions for the most accurate product information prior to using or consuming products.

Orders and Payments. To make a purchase on the Site, you must register for an account.  You must pay for product orders by a credit card provided when you place an order; account terms or other payment methods are not permitted without the advance written approval of FGN.  Your order or payment will not be processed if you submit invalid information.

Advertised product prices do not include shipping or taxes.  You are responsible for all sales taxes where applicable unless a valid and properly completed sales tax exemption or resale certificate for the jurisdiction(s) covering the ship-to address is provided to us prior to our acceptance of your order. Estimated sales tax amounts are displayed on the checkout page using a third party tax engine. The actual sales tax collected may differ once we process the order. We use reasonable commercial efforts to calculate and remit sales tax; however, we do not guarantee the accuracy of the amount of sales tax we represent to you as the sales tax owed.

Products will be shipped to an address designated by you, so long as such address is complete and complies with any shipping restrictions contained on the Site. Risk of loss and title for products pass to you upon delivery of the products to the carrier company.  

Your receipt of an electronic or other form of order confirmation from FGN does not signify acceptance of your order, nor does it constitute FGN’s confirmation of its offer to sell.  FGN reserves the right at any time after receipt of your order to accept or decline your order for any reason.  All orders are subject to these Terms. You acknowledge and agree that acceptance of your order is conditioned upon your assent to these Terms and applicable FGN policies, and any inconsistent provisions of any other writing shall not constitute a part of the contract of sale.

Inspection.  Promptly upon receipt, you must inspect the Products for damage, defect, evidence of tampering, or other non-conformance.  If any damage, defect, tampering, or other non-conformance is identified, you must not offer the product for sale and must report the defect to Functional Genomic Nutrition Customer Support.  You further agree to inspect inventory for expired products and to not sell expired Products.

Alterations Prohibited.  You must sell products in their original packaging, with all seals intact.  Relabeling, repackaging, and other alterations or adulterations to products or product packaging is strictly prohibited.  You shall not modify, remove, tamper with, deface, or otherwise alter product labels, including lot codes and expiration dates. You must adhere to FGN supplied storage and handling guidelines.  You must not make any representations, guarantees, or other similar claims actually, apparently, or ostensibly on behalf of FGN that are inconsistent with the Terms or information provided by the brand suppliers.

Restricted Products and Resale.  Many of the products on the Site have been formulated and designed specifically for health care professionals and are not otherwise available through online or conventional retailers.  We respect and share the beliefs of our professional-brand partners that the guidance of a qualified professional is important in order to maximize the effectiveness of professional-strength supplements.  As a result, only health care professionals are given access to purchase these particular products through the Site.  All health care professionals must submit their current license, degree, or other certificate for review to establish a professional account.  Health care professional-only products are for sale to health care professionals.  Any violator is subject to immediate and permanent suspension of purchasing privileges on this Site web site and may be subject to additional legal action.

Compliance with All Applicable Laws.  You must comply with all applicable federal, state, and local laws, rules, regulations, and policies related to the advertising, sale, and marketing of products purchased from Functional Genomic Analysis.  

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Indemnification and Warranties.  By utilizing this Site and purchasing products from Functional Genomic Nutrition, you hereby either individually or for the entity on behalf of which you are acting, agree to indemnify and hold harmless FGN from any and all claims, causes of action, losses and damages monetary and otherwise which may be incurred or suffered by any person purchasing or obtaining products through you.  Without limiting the extent and scope of the foregoing warranty disclaimer and indemnification obligations under no circumstance shall FGN be obligated to you or any person obtaining products through you for any amounts other than a refund for products obtained through this Site, and under no circumstances shall FGN be responsible or liable for any ordinary, special, compensatory, punitive, or other damages of any kind or nature.

FGN is a supplier of products manufactured by third parties and does not manufacture any of the products sold through this Site.  Accordingly, FGN makes no warranties, express or implied or warranties of effectiveness or sufficiency for a particular purpose with respect to any products, and all such warranties express or implied are hereby expressly disclaimed.  You are exclusively responsible for, and FGN disclaim any and all liability for, any statements that you may make regarding the products to your patients/clients, including any claims that a product treats specific diseases or conditions that do not appear on the product label or in information provided by the brand supplier.

Copyright and Trademark Information.  Copyright © 2018-2019 Functional Genomic Nutrition.  All Rights Reserved.  This Site, including any related or referenced site owned or operated by FGN that contains a link to these Terms, and the information which it contains, is the property of FGN and its affiliates and licensors.  The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable.  You may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site without our prior written permission.  You acknowledge that you do not acquire any ownership rights by using the Site.  The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered Trademarks of Functional Genomic Nutrition, our licensors and suppliers, and others.  Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the express written permission from FGN.

Usernames and Passwords.  You are responsible for maintaining the security of your account, passwords, and files.  We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by email, or by phone.  We have no knowledge of your organizational structure, if you are using the Site and purchasing products as an entity, or your personal relationships, if you are a person.  Functional Genomic Nutrition shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.

Third Party Links and Content.  The Sites may provide links to certain websites, services, and features provided by third parties.  The Site also may include third party content that we do not control, maintain, or endorse.  We do not control any of these third party sites or any of their content.  Accordingly, you expressly acknowledge and agree that we are not responsible or liable for your use of any third party sites or online features. Your use of such sites is subject to the terms and conditions established by such third parties.

Location of Site and Territorial Restrictions.  Unless otherwise specified, the Site is presented solely for, and any coupons, promotions, and programs are offered only to, residents of the United States of America and its territories.  The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Functional Genomic Analysis to any registration requirement within such jurisdiction or country.  FGN controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products, or services contained on the Sites are appropriate for use or access in other locations.  Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable.

Applicable Law and Venue.  The Terms and any dispute arising under the Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Pennsylvania, without regard to its choice of law rules. In the event of a dispute over the Terms or performance of the Terms, you expressly submit to personal jurisdiction and venue in the federal or state courts in Lancaster, Pennsylvania.  If any provision of the Terms is held contrary to law, the remaining provisions shall remain valid.

Our Address.
Functional Genomic Analysis
116 Lake Street
Suite 100A
Ephrata, PA 17522

Last Updated:  September 13, 2019