Terms of service
Effective Date: November, 2025
PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE BETWEEN YOU AND BIOLOUVE, LLC AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THESE TERMS OF USE REPRESENT A BINDING AGREEMENT.
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Biolouve LLC ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our website located at https://www.biolouve.com, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or placing any order, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. By clicking on the hyperlink, you may access our Privacy Policy, which identifies personal data we collect, how we use it, share it, protect it, and any data rights you may have. If you do not want to agree to these Terms of Use or the Privacy Policy, incorporated herein by reference, you must not access or use the Website.
You must be at least sixteen (16) years of age to access or use our Website. If you are under sixteen (16) years of age, you are prohibited from using our Website. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, INCLUDING THE PROVISION FOR BINDING ARBITRATION SET FORTH BELOW, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OR ACCESSING OUR WEBSITE, WHETHER IN PART OR IN WHOLE.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
a. Scope and Interruption.
Access to and use of our Website is permitted only as outlined in these Terms of Use. We cannot guarantee that our Website will be available at all times. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Website during any downtime or discontinuance of it, or for any loss, damage, acquisition, or alteration of data. These Terms of Use do not obligate us to maintain, support, correct, update, or release any content related to our Website. We will not be liable to you or any third party for any modification, suspension, or discontinuance of our Website.
b. International.
The information provided on our Website 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 us to any registration requirement within such jurisdiction or country. You also understand that Biolouve, LLC is located in the United States and operates under US law. Accordingly, if you choose to access or use our Website from locations outside the US, you expressly agree that you do so at your own risk and that you are solely responsible for compliance with local laws to the extent applicable.
You are responsible for:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY POLICY HERE)], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
Except for “User Contributions,” the Website and all of its contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement, are owned by Biolouve, its licensors, or other content providers. Biolouve holds all rights, title, and interest in and to the Website, including, without limitation, all patents, copyrights, trade secrets, trademarks, service marks, trade names, and other proprietary rights, whether registered or unregistered.
This includes, but is not limited to, the Website’s software, applications, systems, layout, text, video, audio, graphics, photographs, and other content. All intellectual property, confidential information, source and object code, logos, technologies, formulas, databases, data analytics, algorithms, designs, benchmarks, and proprietary processes developed or used by Biolouve remain the sole and exclusive property of Biolouve.
Trademarks
The name Biolouve, the Biolouve logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Biolouve or its affiliates or licensors. You may not use these marks without prior written permission from Biolouve. All other names, logos, product and service names, designs, and slogans appearing on this Website are the trademarks of their respective owners.
Digital Millennium Copyright Act (DMCA)/Copyright Complaints
Biolouve does not knowingly violate or permit others to violate the copyrights of others. We will promptly investigate any claim of infringement and remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. If you believe that your work has been reproduced or used in a way that constitutes copyright infringement under the Digital Millenium Copyright Act (DMCA), you may submit a notification of claimed infringement with the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
· Identification of the material that you claim is infringing, including a description of the infringing activity and the specific location on the Website where the alleged infringement occurs;
· Your contact information, including your name, address, telephone number, and email address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices of claimed copyright infringement should be delivered via email to support@biolouve.com or by mail addressed to Biolouve LLC, P.O. Box 11, Califon, New Jersey 07830 United States. In accordance with the DMCA, it is our policy to terminate use of our Website by first time or repeat infringers in appropriate circumstances following an investigation.
Limited Personal Use and Copies
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in its Random-Access Memory (RAM) incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide social media features such as these [FACEBOOK, TWITTER, PINTEREST INSTAGRAM, YOUTUBE] with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this Website.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
· You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Prohibited Activities
You may only access and use the Biolouve Website for purposes expressly permitted under these Terms of Use. Use of the Website for any commercial activity not specifically authorized by Biolouve is prohibited.
In addition to the representations and warranties set forth above, by using the Website, you expressly agree that you will not:
· Use the Website for any unlawful or unauthorized purpose, including but not limited to violating the privacy, data, or intellectual property rights of others, or any applicable local, national, or international law or regulation.
· Use the Website for any commercial purpose or in any manner inconsistent with these Terms of Use.
· Violate any applicable law, rule, regulation, or the rights of a third party, including rights to privacy or publicity.
· Circumvent, disable, or otherwise interfere with any security-related features of the Website or features that prevent or restrict the use or copying of content.
· Interfere with or disrupt the Website, servers, or networks connected to the Website, including by uploading or transmitting viruses, malware, or any other harmful code or material, or by spamming, excessive capitalization, or repetitive posting.
· Upload or transmit (or attempt to upload or transmit) any material that functions as a passive or active information collection mechanism, including but not limited to spyware, cookies, or similar tracking technologies.
· Upload or provide any biometric data through the Website.
· Collect, retrieve, or harvest data or content from the Website to create or compile a database, directory, or collection without our prior written permission.
· Access or use the Website through automated or non-human means, including but not limited to bots, scripts, spiders, scrapers, offline readers, or other data-mining or extraction tools (except standard search engine technologies and browsers).
· Decipher, decompile, disassemble, reverse engineer, copy, or adapt any of the software or code used in or making up the Website, or remove any copyright or proprietary rights notices.
· Use the Website in any manner intended to compete with Biolouve or for any revenue-generating or commercial enterprise not authorized by us.
· Harass, threaten, abuse, intimidate, defame, disparage, or otherwise harm Biolouve, the Website, other users, or any third party, or use any information obtained from the Website to carry out such activities.
If you violate any of the above prohibitions, Biolouve reserves the right to suspend or terminate your access to the Website (or your organization’s access), delete any associated data, and prohibit any current or future use of the Website. We also reserve the right to report violations to law enforcement or other authorities where appropriate.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. Biolouve is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to such User Contributions. We do not claim ownership of User generated content.
All User Contributions must comply with the Content Standards set out below in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors and assigns the perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable right to use, reproduce, modify, perform, display, distribute, create derivative works and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors and assigns.
· You are 16 years or older
· The User Contributions do not violate any individuals’ privacy rights.
· All of your User Contributions do and will comply with these Terms of Use.
· You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
You are solely and exclusively responsible for the User Contributions and you hereby agree to indemnify and hold Biolouve and its owners, employees, agents, affiliates, suppliers, licensors, contractors, service providers, assigns and successors harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with your posting of User Contributions.
Monitoring and Enforcement; Termination
Biolouve reserves the right to:
· Remove or refuse to post any User Contributions, for any reason or no reason, at our sole discretion.
· Take any action we deem necessary or appropriate with respect to any User Contribution, including if we believe it violates these Terms of Use, infringes the rights of any person or entity (including intellectual property rights), poses a threat to the personal safety of Website users or the public, or could create liability for Biolouve.
· Disclose your identity or other relevant information to any third party who claims that content you have posted violates their rights, including intellectual property or privacy rights.
· Take appropriate legal action, including without limitation referring matters to law enforcement, for any illegal or unauthorized use of the Website.
· Suspend or terminate your access to all or part of the Website, for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we reserve the right to fully cooperate with law enforcement authorities or comply with a court order requesting or directing us to disclose the identity or other information of any individual posting materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS BIOLOUVE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ACTIONS TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS BY BIOLOUVE OR LAW ENFORCEMENT AUTHORITIES.
Please note that Biolouve does not undertake to review all material before it is posted on the Website and cannot guarantee the prompt removal of objectionable content once posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We are not responsible or liable to any party for the performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to all User Contributions and use of Interactive Services. User Contributions must fully comply with all applicable federal, state, local, and international laws and regulations. Without limitation, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any person.
- Violate the legal rights (including rights of publicity and privacy) of others, or contain material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise conflict with these Terms of Use or our Privacy Policy.
- Intend to deceive or mislead any person.
- Promote or encourage illegal activity, or advocate, promote, or assist in the commission of any unlawful act.
- Cause unnecessary annoyance, inconvenience, or anxiety, or be likely to upset, embarrass, alarm, or harass another person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, promotions, bartering, or advertising, unless expressly authorized by Biolouve.
- Create the false impression that they originate from or are endorsed by Biolouve or any other person or entity, if that is not the case.
Reliance on Information Posted
The information presented on or through the Website is provided solely for general informational purposes. Biolouve does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such material is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you, any other Website user, or anyone who may be informed of its contents.
This Website may contain content provided by third parties, including other users, bloggers, licensors, syndicators, aggregators, and reporting services. All statements, opinions, and content expressed in such materials (other than those provided directly by Biolouve) are solely the responsibility of the party providing them. These materials do not necessarily reflect the views of Biolouve, and we are not responsible or liable for their content or accuracy.
Changes to the Website
Biolouve may update the content on this Website from time to time. However, we are under no obligation to ensure that such content is complete or current. Any material on the Website may be out of date at any given time, and Biolouve makes no commitment to update it.
Information About You and Your Visits to the Website
All information we collect through the Website is subject to our Privacy Policy, which is incorporated by reference into these Terms of Use. By using the Website, you consent to all actions taken by Biolouve with respect to your information in accordance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
Additional terms and conditions may apply to certain portions, services, or features of the Website. All such additional terms are incorporated by reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to the Biolouve homepage, provided you do so in a manner that is fair, legal, and does not damage or exploit our reputation. You must not establish a link in any way that suggests sponsorship, approval, or endorsement by Biolouve without our express written consent.
This Website may include social media features that allow you to:
- Link from your own or third-party websites to specific content on this Website;
- Send emails or other communications containing links to specific content on the Website;
- Display limited portions of Website content on your own or third-party websites.
You may use these features solely as they are provided by Biolouve and only in connection with the content with which they are displayed. Subject to the above, you must not:
- Establish a link from any website not owned or controlled by you.
- Display the Website or portions of it within another website, including via framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Take any action with respect to the Website’s content that is inconsistent with these Terms of Use.
You agree to cooperate with Biolouve in immediately ceasing any unauthorized framing or linking. We reserve the right to withdraw linking permission at any time and without notice.
Biolouve may, at its discretion, disable any or all social media features and links at any time without prior notice.
Links from the Website
The Website may contain links to external websites or resources provided by third parties. These links are provided for your convenience only and may include links within advertisements, banner ads, or sponsored content. Biolouve has no control over the contents of those external sites or resources and accepts no responsibility for them or for any loss or damage that may result from your use of them.
If you choose to access any third-party websites linked to this Website, you do so entirely at your own risk and are subject to the terms and conditions of use applicable to those websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing appropriate procedures and safeguards to satisfy your own requirements for antivirus protection and data accuracy, and for maintaining an external means to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, software, data, or other proprietary material due to your use of the Website, any services or items obtained through the Website, or your downloading of any material posted on the Website or on any website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through it are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
Neither Biolouve nor any person associated with Biolouve makes any representation or warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither Biolouve nor anyone associated with Biolouve represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the Website or the server that makes it available are free of viruses or other harmful components; or that the Website or any services or items obtained through it will otherwise meet your needs or expectations.
Biolouve disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
In no event will Biolouve, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of—or inability to use—the Website, any websites linked to it, any content on the Website or such other websites, or any services or items obtained through the Website or such other websites.
This includes any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and loss of data, whether caused by tort (including negligence), breach of contract, or otherwise—even if foreseeable or if Biolouve has been advised of the possibility of such damages.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Dispute Resolution and Binding Arbitration
Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court.
By using the Website or purchasing products or services, you and Biolouve agree to waive any rights to litigate claims in court or to have a jury trial. You also waive the right to participate in any class action or representative proceeding. Other rights that would otherwise be available in court may not be available or may be more limited in arbitration.
Any claim, dispute, or controversy (whether based in contract, tort, statute, or otherwise; whether pre-existing, present, or future; and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and Biolouve, its members, managers, agents, employees, successors, assigns, subsidiaries, and any third party providing products or services in connection with your use of the Website or any purchase (collectively, “Biolouve”) that arises from or relates to your use of the Website or services, any purchase, these Terms, their interpretation, breach, termination, or validity, or Biolouve’s advertising, privacy, or cybersecurity practices (collectively, a “dispute”) shall be resolved exclusively through final and binding arbitration.
Disputes do not include claims relating to patents, trademarks, copyrights, trade secrets, or other intellectual property rights.
Arbitration process and authority.
Except for issues related to the class action waiver (see below), the arbitrator shall have exclusive authority to resolve any disputes regarding the enforceability, interpretation, or applicability of this arbitration provision, including challenges based on unconscionability or invalidity of these Terms. The arbitrator may award any relief that would be available in court.
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and, if applicable, its Mass Arbitration Supplementary Rules, as amended. The arbitration will be conducted by a single arbitrator, selected in accordance with those rules. The award rendered may be confirmed and enforced in any court with appropriate jurisdiction.
If you are a consumer (i.e., using the Website or purchasing for personal, family, or household use), you may elect to pursue your claim in small claims court rather than arbitration. This option is available only for your individual dispute.
You agree to arbitration on an individual basis. Additional procedures will apply if 25 or more similar or coordinated claims are filed (see AAA Mass Arbitration Supplementary Rules).
Mandatory pre-arbitration procedure.
Before initiating arbitration, you and Biolouve agree to attempt to resolve any dispute informally. You must first send a written Notice of Dispute signed by you (or your representative) to: Biolouve LLC, P.O. Box 11, Califon, New Jersey 07830 United States or by email to: support@biolouve.com
Your notice must include:
· Your name and contact information (mailing address, email, and phone number);
· A detailed description of the dispute; and
· The resolution or relief sought.
Biolouve will send any Notice of Dispute to the email address we have on file for you.
The parties will then engage in good faith negotiations for at least 60 days from the date the notice is received (or a longer or shorter period if mutually agreed). Either party may request a phone or video conference as part of this informal process, and the other party agrees to participate in good faith.
This pre-arbitration procedure is a condition precedent to initiating arbitration. Neither party may proceed with arbitration unless this process has been completed. If there is a disagreement about whether this requirement has been met, either party may seek a court ruling on compliance, and any arbitration will be stayed until that determination is made. The court may enjoin an arbitration or provide other relief, including staying arbitration costs or prohibiting further filings.
If neither party seeks court intervention, the issue may be raised before the arbitrator. The statute of limitations and arbitration filing deadlines will be tolled during the pre-arbitration period.
Initiating arbitration.
To begin arbitration, the initiating party must submit a written demand for arbitration in accordance with AAA Rules.
- If you initiate arbitration, you will pay the AAA consumer filing fee, and Biolouve will cover all remaining fees and costs.
- If Biolouve initiates arbitration, we will pay all AAA fees and costs.
Class Action Waiver
In any dispute, to the maximum extent permitted by law, neither you nor Biolouve shall be entitled to join or consolidate claims with those of other users or customers, or to arbitrate or participate in any claim as a class or collective representative, class member, or in a private attorney general capacity. The arbitrator shall have no authority to hear or arbitrate any such class, collective, or representative action.
Notwithstanding any other provision of this arbitration agreement or the AAA Consumer Arbitration Rules (as incorporated herein by reference), any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be decided only by a court of competent jurisdiction and not by an arbitrator.
If (i) a dispute is filed as a class, collective, or representative action, and (ii) a final judicial determination finds that any portion of this class action waiver is unenforceable, then to that extent, the class, collective, or representative action must be litigated in a civil court of competent jurisdiction. However, the enforceable portions of the class action waiver shall be enforced in arbitration.
AAA Mass Arbitration Supplementary Rules
The AAA Mass Arbitration Supplementary Rules, as amended, shall apply when twenty-five (25) or more similar claims are filed against Biolouve, and the claims are coordinated or represented by the same or related counsel.
Severability and Enforceability
If any part of this arbitration agreement is found to be unenforceable, the unenforceable provision shall be severed, and the remaining terms shall remain in force—provided that no class arbitration shall be permitted under any circumstance.
The arbitrator may grant any relief available under applicable law or equity. The parties acknowledge that this agreement involves interstate commerce and agree that all matters related to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). Any award rendered by the arbitrator will be final and binding and may be enforced in any court of competent jurisdiction.
If you or Biolouve prevails on a claim that provides for statutory attorneys' fees, the arbitrator may award reasonable fees consistent with applicable law.
For more information about the AAA and its rules, you may contact:
American Arbitration Association
Phone: (800) 778-7879
Website: www.adr.org
Waiver of Jury Trial
If, for any reason, a claim proceeds in court rather than arbitration, both you and Biolouve waive any right to a jury trial.
Intellectual Property
You and Biolouve agree that either party may bring an action in court to seek injunctive relief or other equitable remedies to prevent the actual or threatened infringement or misuse of intellectual property rights.
Right to Opt Out of Arbitration
You may opt out of this arbitration agreement by sending a written notice to:
Biolouve LLC, P.O. Box 11, Califon, New Jersey 07830 United States or by email to: support@biolouve.com
Your notice must include:
- Your full name, mailing address, email, and telephone number
- Date of first access to the Website
- Date of any purchase of Biolouve product or service
- IP address (if known)
- A clear statement that you wish to opt out of the arbitration agreement
This notice must be sent within thirty (30) days after you first accept the arbitration terms by accessing the Website or making a purchase. You may consult legal counsel before submitting your opt-out notice.
If you opt out or if this arbitration agreement does not apply for any reason, both you and Biolouve agree that any legal proceeding (except for small claims) must be brought exclusively in the state or federal courts located in Dover, Delaware.
One-Year Limitation
To the maximum extent permitted by law, any claim or cause of action arising out of or related to these Terms, the Website, or any Biolouve product or service must be commenced within one (1) year of the date the claim arises. Otherwise, the claim is permanently barred.
Survival
This arbitration agreement shall survive the termination of your relationship with Biolouve.
Waiver and Severability
No waiver by Biolouve of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Biolouve to assert a right or enforce a provision shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified or eliminated to the minimum extent necessary so that the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms of Use, together with our Privacy Policy and any other terms or conditions provided by Biolouve in connection with the Website or our products, constitute the entire agreement between you and Biolouve LLC and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether oral or written, related to the Website and your use of it.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications regarding the Website should be directed to Biolouve LLC, P.O. Box 11, Califon, New Jersey 07830 United States or support@biolouve.com.