Terms of service

BACKED-BY-SCIENCE
TERMS OF SERVICE
These Terms of Service govern all users’ utilization of the Backed-By-Science platform. By accessing and utilizing the Platform, you agree to the provisions of these Terms of Service and any policy and/or document incorporated herein by reference.
PLEASE NOTE THAT THESE TERMS OF SERVICE INCLUDE AN ARBITRATION
CLAUSE. AS SUCH, PLEASE REVIEW THESE TERMS IN THEIR ENTIRETY
BEFORE ENGAGING THE PLATFORM FOR ANY SERVICE(S).
1. Definitions. Capitalized terms found throughout these Terms of Service shall have the following meanings:
a. The “Company” shall mean Backed-By-Science LLC, a Colorado limited
liability company.
b. “Intellectual Property Rights” shall mean all ideas, inventions, discoveries,
processes, designs, methods, substances, articles, computer programs, and
improvements, whether or not patentable or copyrightable, associated with the
design and/or manufacturing of any Service(s).
c. The “Platform” shall mean the website owned and maintained by the Company
and/or its agent(s), including its homepage and all subpages, as well as any
affiliated shopping pages operated by the Company for the provision of the
Services (for purposes of clarification, the homepage of the websites operated to
provide the Services shall be: ‘backed-by-science.com’ unless amended by the
Company).
d. “Service(s)” shall mean the provision of access to medical and nutritional
educational materials and purchases of supplies and any other good(s) or
service(s) offered by the Company on the Platform.
e. These “Terms” shall mean these Backed-By-Science Terms of Service, as
amended by the Company from time to time.
f. A “User Account” shall mean an account created by a user who wishes to utilize
or participate in certain Services on the Platform.
2. Services. The Company offers the Services on the Platform subject to the provisions of this section and applicable law.
a. Change in Offered Services. The Company may, at any time and at its sole and
exclusive discretion, change offered Services or remove them from the Platform.
In the event you previously utilized a Service that is no longer offered by the
Company, the Company will notify you within forty-eight (48) hours.
b. Service Prices. The Company lists all Service prices on the Platform. The
Company may also, from time-to-time, make Service price packages available to
you. Furthermore, the Company may raise or otherwise modify Service prices at
its sole discretion, upon which you may continue or terminate your utilization of
such Services.
c. Taxes and Fees. The Company reserves the right to assess applicable taxes and
fees mandated by any municipal, county, state, or federal authority of the
jurisdiction in which you pay for Services. Notwithstanding the foregoing,
applicable taxes and fees may be excluded from the price and/or may be added to
the total order prior to the confirmation of the order.
3. User Accounts. To access and/or utilize certain parts or Services on the Platform, you
may create and maintain a User Account (provided the feature is active), subject to the
provisions of this section.
a. Creation of User Account. In creating a User Account, you may be prompted to
provide personal information, including, without limitation, your full legal name,
age, gender, telephone number, email address, and shipping and/or billing address.
b. Payment Method. In the event you create a User Account, you may be able to
provide a preferred payment account, card, or method to pay for Services.
Payment information may be stored on the Platform, directly or through
third-party integrations (such as payment processors). You can edit or remove a
payment method by following the applicable in-Platform prompt.
c. Underage Users. Only natural persons over the age of eighteen (18) may access
the Platform and create User Accounts. The Company may promptly terminate
any User Account it deems to belong to a person under the age of eighteen (18).
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d. Company Termination of User Account. The Company may terminate your User
Account at any time, with or without reason or cause, by sending a notification
email to your most recent email address on file.
e. Deletion of User Account. You may request permanent deletion of your User
Account at any time by following the applicable prompt on your Platform
dashboard. Please allow up to fourteen (14) business days to process your User
Account permanent deletion request. Please note that, once permanently deleted, a
User Account may not be recovered by either you or the Company.
4. Shipping and Refunds.
a. Shipping. The Company, or third parties from which the Company purchases
goods on a user’s behalf, may utilize third-party shippers (such as UPS, FedEx,
DHL, and others) or the U.S. Postal Service to deliver goods. Shippers may
provide delivery estimates, which the Company will forward to the user. In no
event, however, shall the Company issue a guarantee as to the delivery date, time,
or method of any good(s) purchased on or through the Platform, and any such
dates shall be informal, non-binding estimates only. The Company shall not be
liable for any late or delayed shipments or deliveries.
b. Subscription Service Refunds. All payments for Services purchased on a
subscription basis shall be fully earned by the Company upon payment and shall
be non-refundable for the applicable payment term.
c. Refund for Purchased Goods. Any tangible goods purchased on or through the
Platform may be refunded if still unopened and/or completely unconsumed. In
order to receive a refund for tangible goods purchased on or through the Platform,
you must initiate a refund through the applicable link or page on the Platform and
ship the applicable good(s) to the address provided by the Company. Upon receipt
of the good(s), the Company will inspect the good(s). In the event the Company
determines the good(s) are intact, unopened, and completely unconsumed, it will
issue a full refund of the purchase price within ten (10) business days.
5. Third-Party Advertisement and Product Sales Policy.
a. No Endorsement of Third-Party Advertisements. The Platform may, but is not
required to, host third-party advertisements. All third-party advertisements or
services on the Platform, if any, are independent from the Company and/or its
employees, contractors, agents, or members. The Company does not endorse any
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product or service marked as an advertisement or promoted by a sponsor on the
Platform.
b. Decline of Advertisements. The Company may host or decline to host any type or
instances of advertising at its sole and exclusive discretion, for any or no reason
or cause.
c. Third-Party Product Sales. The Company may, from time to time, make certain
third-party products available for sale on the Platform. In the event you elect to
purchase a third-party product through the Platform, the Company will place an
order for your benefit with the applicable third party. The Company does not
maintain any inventory of third-party products and cannot guarantee the
availability or pricing of such third-party products. In the event the Company is
unable to place an order for a third-party product, it shall refund the full purchase
price to you within fourteen (14) calendar days of determining it is unable to place
the order. Your purchase of third-party products and/or services may be subject to
the separate policies, terms of service/use, and fees of such third parties. The
Company disclaims any and all warranties and representations, express or
implied, regarding such third-party products and/or services. The Company is
entirely independent of, and unrelated to, any third-party entities whose products
may be listed for sale on the Platform.
d. Third-Party Links. Linked third-party websites are not under the control of the
Company, and the Company shall not be responsible for the contents of any
linked website or any link contained in a linked website. The Platform provides
links to you only as a convenience, and the inclusion of any link does not imply or
constitute an endorsement by the Company of such a linked website.
6. Electronic Communications. When you access the Platform (whether you utilize or
engage any Service(s) or not), you communicate with the Company electronically. In
doing so, you expressly or implicitly consent to receiving electronic communications
from the Company, including, without limitation, electronic mail or (if you created a User Account) communications directly through the Platform. You agree that all such
communications satisfy any local, state, federal, or international legal requirement that
such communications be in writing. The Company will retain records of electronic
communications between you and the Company for at least one (1) calendar month from the date of the applicable communication. To request copies of any electronic
communications, please contact the Company by following the applicable contact prompt on the Platform.
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7. Intellectual Property and License. The Company alone (and its licensors, where
applicable) owns all Intellectual Property Rights in and to any Service(s) now, in the past, or in the future listed on the Platform, as well as any suggestions, ideas, enhancement requests, feedback, recommendations, or other information associated with such Services. The Company and/or Platform name and logo are trademarks of the Company or third parties, and no right or license is granted to use them.
Subject to the foregoing, the Company grants you a limited, revocable license to access and make personal use of the Platform and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of the Company. The Platform, or any portion of it, may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of the Company without the express written consent of the Company. You may not use META tags or any other “hidden text” which utilizes the Platform or any other derivative of its domain without the express written consent of the Company. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Platform so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. The Platform may host material that has been either licensed to the Company or rendered open-source and licensed under public copyright, such as a Creative Commons license. Any such work is not under the ownership of the Company and may be removed from the
Platform by the Company at any time.
8. Limited Warranty and Disclaimers.
a. Limited Warranty. Subject to the provisions of this section, the Company warrants
that the Platform will perform substantially as described in any Company issued materials that accompany the Platform. This limited warranty does not cover:
i. Damages, defects, malfunctions, or failures caused by any unauthorized
modification of the Platform source code by you, your agents, or third parties unaffiliated with the Company;
ii. Any abuse, misuse, or negligent acts by you or your agents; or
iii. Modification by you or your agents of any interfaces or any software or hardware interfacing with the Platform.
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b. Disclaimer of Other Warranties. THE PLATFORM, SERVICES, AND
RELATED INFORMATION ARE PROVIDED BY THE COMPANY ON
AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF
THE PLATFORM OR THE INFORMATION, CONTENT, MATERIALS,
OR SERVICES INCLUDED ON THE PLATFORM. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE
DECISION AND RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT
WARRANT THAT THE PLATFORM, ITS SERVERS, OR EMAILS SENT
THEREFROM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THE
PLATFORM, INCLUDING, WITHOUT LIMITATION, INDIRECT,
INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.
THE COMPANY MAKES REASONABLE EFFORTS TO INCLUDE
ACCURATE AND UP-TO-DATE INFORMATION ON THE PLATFORM.
HOWEVER, THE COMPANY ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS
OR OMISSIONS IN THE CONTENT OF THE PLATFORM. IN THE
EVENT A SERVICE OR PRODUCT IS LISTED AT AN INCORRECT
PRICE OR WITH OTHER INCORRECT INFORMATION, THE
COMPANY SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY
PURCHASES FOR THE SERVICE OR PRODUCT WITH
INCORRECTLY LISTED INFORMATION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IN THE EVENT THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
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YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY THE
COMPANY SHALL BE TO REQUEST DELETION OF YOUR USER
ACCOUNT AND STOP UTILIZING THE SERVICES.
9. Governing Law and Disputes.
a. Governing Law. These Terms (including all attached and incorporated
documents), and all matters arising out of or relating to the aforementioned
documents, whether sounding in contract, tort, statute, or otherwise, are governed
by, and construed in accordance with the laws of the State of Colorado (including
its statutes of limitations and choice of law statutes), without giving effect to the
conflict of laws provisions thereof to the extent such principles or rules would
require or permit the application of the laws of any jurisdiction other than those of
the State of Colorado.
b. Arbitration. IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND
THE COMPANY THAT IS NOT AMICABLY RESOLVED FROM YOUR
USE OF THE PLATFORM, YOU AND THE COMPANY SHALL
PROCEED TO BINDING ARBITRATION BEFORE ONE (1)
ARBITRATOR OF JAMS. IN THE EVENT YOU AND THE COMPANY
FAIL TO AGREE ON THE IDENTITY OF THE ARBITRATOR, THE
ARBITRATOR SHALL BE ASSIGNED BY JAMS. ANY ARBITRATION
SHALL BE CONDUCTED IN ACCORDANCE WITH JAMS’
COMPREHENSIVE ARBITRATION RULES AND PROCEDURES.
UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING,
THE SEAT OF ARBITRATION SHALL BE DENVER, COLORADO,
(THOUGH ANY PARTY MAY ATTEND REMOTELY), AND
ARBITRATION SHALL SOLELY BE CONDUCTED IN ENGLISH.
c. Dispute-Related Expenses. You and the Company shall each bear their own dispute-related expenses, and attorneys’ fees may not be awarded by the arbitrator to either party unless the arbitrator determines the other party to have acted in bad faith by commencing such a dispute.
d. Jury Trial Waiver. TO THE FULL EXTENT PERMITTED BY LAW, YOU
AND THE COMPANY HEREBY EXPRESSLY WAIVE ANY AND ALL
RIGHT TO A TRIAL BY JURY ON THE ISSUE TO ENFORCE ANY
TERM OR CONDITION OF THESE TERMS.
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e. Class-Action Waiver. ANY PROCEEDINGS TO RESOLVE ANY DISPUTE
ARISING FROM THE PROVISIONS OF THESE TERMS SHALL BE
CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU
NOR THE COMPANY SHALL SEEK TO HAVE ANY DISPUTE HEARD
AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR
IN ANY OTHER PROCEEDING IN WHICH EITHER YOU OR THE
COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE
CAPACITY.
f. Consequential Damages. THE COMPANY SHALL NOT BE LIABLE TO
YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY
FOR:
i. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES;
ii. LOSS OF PROFITS, REVENUES, CUSTOMERS,
OPPORTUNITIES, OR GOODWILL; OR
iii. UNAVAILABILITY OF THE PLATFORM, SOFTWARE, SUPPORT
SERVICES, OR PROFESSIONAL SERVICES,
EVEN IF THE COMPANY HAS BEEN ADVISED OF, OR SHOULD HAVE
KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.
g. Limitation on Damages. THE COMPANY’S AGGREGATE LIABILITY TO
YOU ARISING UNDER OR IN RELATION TO THESE TERMS SHALL
BE LIMITED TO THE LESSER OF ACTUAL DIRECT DAMAGES OR
THE ACTUAL FEES PAID BY YOU TO THE COMPANY DURING THE
TWELVE (12) CALENDAR MONTH PERIOD PRIOR TO ANY
INCIDENT OR CLAIM UNDER WHICH OR IN RELATION TO WHICH
THE LIABILITY ARISES.
10. Miscellaneous.
a. Notices. The Company may provide any notice to you under these Terms by sending an email to the most recent email address the Company has on file. Notices the Company provides by email shall be deemed effective when your email server receives such notice or, in the event the server is not functioning for
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any reason, the date and time when the Company’s server sends the email. It is your responsibility to keep your email address up to date. All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and addressed to the Company as set forth in this section. All notices shall be delivered by internationally recognized overnight courier (with all fees prepaid). Except as otherwise provided in these Terms, a notice is effective only if the Company has received the notice and you have complied with the requirements of this section. Notice is deemed received at the date and time the Company receives such notice from the courier at the following address:
Backed-By-Science LLC
1942 Broadway
Suite 314C
Boulder, Colorado 80302
All communications and notices made or given to the Company pursuant to these Terms shall be in the English language.
b. Force Majeure. In no event shall the Company be responsible or liable to you or
any third party for any failure or delay in the performance of its obligations
arising out of these Terms caused by, directly or indirectly, forces beyond its
control, including, without limitation: natural disasters; uncontrollable malicious
acts of third parties (such as hacking or theft of equipment); strikes or work
stoppages; acts of war or terrorism; civil or military disturbances; nuclear or
natural catastrophes or acts of God; epidemics, pandemics, and other
health-related disasters or events; utility interruptions; local, state, or national
government acts (including mandates or actions concerning a matter of public
health, weather, or natural hazard); delays or conflicts with shippers, logistics
providers, or brokers; or malfunctions of utilities, communications, or computer
(software and hardware) services, including as a result of hacking, spyware,
malware, ransomware, frontrunning, denial-of-service, and phishing attacks.
c. Severability. In the event any term or provision of these Terms is held invalid,
illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of the Terms or
invalidate or render unenforceable such term or provision in any other
jurisdiction.
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d. Terms Effective. These Terms become effective when you access the Platform and
remain in effect as long as you maintain a User Account, utilize any Service(s), or
otherwise engage the Platform, whichever occurs later.
e. Local Compliance. Given the global nature of the Internet, you agree to comply (or seek counsel regarding compliance) with all local rules of your jurisdiction(s), including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement.
f. Amendment of Terms. The Company may, at its sole and exclusive discretion, periodically or spontaneously update these Terms. In the event such an update is issued, the Company may communicate such update to you via email sent to your most recent email address on file with your User Account. In no event, however, shall the validity of such an update depend on your notification by the Company.
g. Contact. For any questions related to these Terms of Service, please contact the Company by following the applicable contact prompt on the Platform.
h. Other Company Policies. These Terms operate simultaneously, and in conjunction with, the Backed-By-Science Privacy Policy. Please visit the Platform to review each policy before creating a User Account or utilizing any Service(s).
i. Effective Date. These Terms of Service shall be effective as of November 5, 2024. This date may be updated as these Terms are amended.
BACKED-BY-SCIENCE LLC 2025