Terms and Conditions of Service
1. Terms and Conditions
You must read and accept all the terms of the present Terms and Conditions before using this website. By accessing and/or ordering products from this website, you signify your assent to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use this website.
We reserve the right to modify these Terms and Conditions at any time by updating the present Agreement. Any changes to the Terms and Conditions shall enter into force within 30 days of their publication on the site.
1.1 Health Disclaimer Notice
A. Vogel recommends that you consult with a healthcare professional prior to taking natural health products or discontinuing/changing your use of any medications. For any suspected or known illnesses or health conditions, always consult with a physician or another healthcare professional prior to the purchase or use of natural health products. The products offered by A. Vogel, in our stores or on our website are not offered as a treatment or cure for any medical condition, but only as a nutritional support for the general wellbeing of our customers. The information on this website is often provided in summary or aggregate form, and may not be construed as medical advice.
Information contained within this website is not intended to diagnose, treat, cure or prevent any disease. The information on this website should not be used as a therapeutic modality or as a substitute for the advice of a healthcare professional, or as a substitute for any information contained in or on any product label or packaging. A. Vogel is not responsible for the misuse and/or abuse of any product sold as a result of a consumer using this website, nor is A. Vogel responsible for any problems or difficulties, which may arise though consumer use of products sold on this website. This website’s users and customers, who fail to consult their health care professional prior to the purchase and subsequent use of any product, assume the risk of any adverse effects.
2. Disclaimer and Limitation of Liability
SUBJECT TO THE WARRANTIES OF THE PRESENT AGREEMENT, A. VOGEL DOES NOT (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE, ITS CONTENT AND THE PRODUCTS AND SERVICES OFFERED AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES PROVIDED IN SECTION 4 OF THE PRESENT AGREEMENT, WHEN USING OR WHEN SEEKING TO USE THE SITE, THE USER EXPRESSLY AGREES THAT A. VOGEL MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE SITE, A. VOGEL INCLUDES LINKS TO OTHER WEBSITES FOR WHICH A. VOGEL HAS NO CONTROL. A. VOGEL DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEBSITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST A. VOGEL IN CONNECTION WITH SUCH WEBSITES.
2.1 A. VOGEL WILL IN NO EVENT BE LIABLE REGARDING THID WEBSITE OR ANY OTHER RELATED WEBSITE, OR FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF A. VOGEL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2.2 ALTHOUGH A. VOGEL ENDEAVORS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. AS SOON AS A. VOGEL IS AWARE OF AN EERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.
3. Trademarks and Copyrights
The names A. Vogel, AVogelusa, Bioforce USA and Bioforce, as well as the logos associated with these names are trademarks owned by Bioforce USA, Inc. or Bioforce AG Roggwill TG. Any use of these trademarks is strictly prohibited without the prior written consent of Bioforce USA or Bioforce AG Roggwill TG. In addition, all names and trademarks belonging to third parties and appearing on the website are the property of their respective owners and may be used only with the consent of their respective owners.
The website, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright © 2008, Bioforce USA Inc. ALL RIGHTS RESERVED.
You can view and download the information contained on the website for your personal use and not for commercial purposes. Any other use, modification or copying of the website, in whole or in part, without Bioforce USA Inc.’s prior written consent is prohibited.
4. Notice / Questions and Concerns
If you would like additional information on the Terms and Conditions of this website, or should you have questions or concerns, please contact us so that we might assist you.
Should any provision of these Terms and Conditions be contrary to the law, void or unenforceable for any reason, that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.
6. Applicable Law and Jurisdiction
This Agreement and its interpretation are subject to the laws that are in force in the State of New York , Columbia County, without giving effect to any principles of conflicts of laws. The courts of the State of New York have exclusive jurisdiction to hear any dispute related to this Agreement, including its interpretation and its effects.