1. General Terms
Welcome to the Begnosis website at www.Begnosis.com (the “Site”) hosted by Begnosis LLC, a Limited Liability Corporation duly incorporated in the state of California. The following Terms and Conditions of Use (the “Agreement”) govern website visitor (the “user” or “your”) access to and use of the Site, including, without limitation: all content, whether available directly on the Site or via electronic transmission, including email or social media; functionality; and other Begnosis Services (as defined below). As available through the Site, electronic communications including email, newsletters, blog posts, and the capability to contribute content through comment or contribution forms (each such submission, a “Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are available exclusively for your entertainment purposes. The Begnosis Site is provided for your personal, commercial enjoyment, subject to the Terms and Conditions of Use set forth herein. This Agreement describes your responsibilities and limits Begnosis’s liability. Before using any of the Services, please carefully read all of the terms and conditions below. In the event of any conflict between this Agreement and any other provisions set forth in the Site, this Agreement will control.
2. Acceptance of Terms and Conditions of Use
By choosing to visit www.Begnosis.com, you expressly accept this Agreement and all terms and conditions set forth. If you do not want to agree to these terms, you must not access the Site.
3. Changes to Terms and Conditions of Use
We may change this Agreement from time to time in our sole discretion. All changes take effect immediately when posted and apply to all Site usage going forward. Your continued use of the Site after we post revised Terms and Conditions of Use means that you accept and agree to the changes. You are expected to check this page often so that you are aware of any changes, since they are binding on you. However, any changes to the dispute resolution provisions set forth will not apply to disputes where the parties have actual notice on or before the date the change is posted on the Website.
4. No Guarantees of Uninterrupted Availability
Begnosis reserves the right to change or discontinue, whether temporarily or permanently, the Site or Service (or any part thereof) with or without notice at any time. You agree that Begnosis, its agents, affiliates, and subsidiaries shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or Service.
5. Intellectual Property Rights
The Site is owned by Begnosis and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. As described in Section 1., you may only use the Site and Services for your personal, non-commercial use. You are expressly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republish, download, store or transmit any of the material on our Website, except as follows: If, at any time, we provide social media features with certain content, you make take such actions as are enabled by such features. 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 wish to make any use of material on or from the Website (including, without limitation, from any content output) other than that set out in this section, please address your request to: support@Begnosis.com. You retain all of your ownership rights in your Content and submissions. However, by submitting the Content to Begnosis or the Site, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Begnosis’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Begnosis Site in any media formats and through any media channels.
6. Prohibited Uses
By using the Site and Services you agree to provide truthful information in response to subscription, contribution, registration, or any other forms. Begnosis reserves the right to terminate of refuse your current or future use of the Services for any reason, including if you provide false information. Additionally, you agree not to use the Site or Services to: (i) Post, distribute, or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (ii) Post, distribute, or otherwise transmit any information, sound, images, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, is invasive of another’s privacy, or is reasonably construed as hateful; (iii) Harm minors in any way; (iv) Misrepresent your affiliation with, or impersonate any person or entity; (v) Post, distribute, or otherwise transmit any Content that is independently unlawful, or which the posting, distribution, or transmission of is unlawful under any law or contractual/fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) Post, distribute, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vii) Post, distribute, or otherwise transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (viii) Subscribe another party without their authorization or register multiple subscriptions under the same or different names; (ix) Violate any applicable local, state, national, or international law.
7. User Contributions
You retain all ownership rights in your Contributions. However, by submitting content to Begnosis or the Site, you hereby grant us a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Contribution in connection with the Site and Begnosis’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Begnosis Site (and derivative works thereof) in any media formats and through any media channels.
8. Digital Millennium Copyright Act
Begnosis does not permit copyright infringing activities or infringement of intellectual property rights on its Site. Begnosis will remove any Content, if properly notified, that such Content infringes on another person or entity’s intellectual property rights. If you are a copyright owner and believe that the Site displays Content that infringes upon your copyright, please submit a written notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information: A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed; Identification of the material that is claimed to be infringing that is to be removed; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. See 17 U.S.C 512(c)(3) for further detail. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to Begnosis customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. It is Begnosis’s policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.
9. Parental Permission
Begnosis may, in its discretion, require users under 18 to obtain the consent of a parent or guardian to use certain Services or view certain content. You agree to abide by any such age restrictions and not help anyone avoid these restrictions.
10. Online Purchases Begnosis Wellness Shop
If for any reason you are not happy with your online store purchase, you must inquire with the vendor from whom the product or service was purchased. All items must be returned in original condition (unworn, unwashed, unaltered) with the tags attached in order to be eligible for refund and/or credit. Items that do not meet these criteria will be denied. *Begnosis and vendors reserve the right, in their discretion, to (i) decline the return of your item(s), or (ii) assess a 15% re-stocking fee, if the above mentioned return requirements have not be abided.
11. Limitation of Liability
Begnosis and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, and agents are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind in any way related to this Site or Service or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies. Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
You agree to indemnify and hold Begnosis, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, and further including any injuries to third parties arising out of or relating to: your violation of this Agreement or your use of the Site; any fraud, manipulation, deception or misrepresentation by you; any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services; and any violation of applicable federal or state laws or regulations.
13. Governing Law
This Agreement shall be governed by the laws of the United States and the State of California, applicable to agreements made and to be performed therein without regard to conflict of laws principles.
14. Waiver and Severability
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, such provision shall be severed to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.