Terms of Use

Welcome to our website (the “Website”), operated by George Birkmayer NADH Corp., a California corporation (the “Company”). By accessing the Website, you agree to be bound by these Terms of Use and all applicable federal, state, and local laws and regulations.  All pages and information within this Website and any material made available for download is the property of the Company and/or its affiliates, vendors and licensors and is subject to the terms and conditions discussed below.

Please read this document and our Privacy Policy carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials.

As a condition of your use of this Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to use this Website automatically terminates and you must immediately cease using the Website.

Additionally, by accessing the Website, you represent that you are at least 13 years old and that you are fully able and competent to enter into and comply with these Terms of Use. If you are older than 13 but under the age of consent where you live, then you must get the consent of your parents prior to using the Website, and if you do use the Website, you represent to us that you have done so.

Shipping Policy

With respect to any products purchased through the Website, note that:

  • The Company only ships products within the United States.
  • Shipping rates will vary and will be calculated and provided to you at the time you place your order. Note that higher rates may apply to shipments to Alaska, Puerto Rico or Hawaii. Free shipping for order of $250 and higher.
  • Please allow approximately 4-7 business days for processing and shipping.

Refund Policy

Subject to the terms below, the Company will work with you in good faith to resolve issues with your order of Company products.  For any problems or concerns with purchase of Company supplements, contact us within 14 days of receiving your order and the Company will resolve your issue as quickly as possible. To qualify for a refund during such 14 day period, the Company product must be returned unopened and with the safety seal unaltered. Return shipping is the responsibility of the customer and will not be refunded.

When requesting a refund, you must include your contact information, order number and the product name you would like a refund for, so the Company may process your request as quickly as possible.

We want to make sure that you are completely satisfied with your purchase from the welcome and welcome feedback regarding any issues.  Please email us about any issues you have with your order at the following email address, info@birkmayer-usa.com, and we will get back to you as soon as practicable.

Images
Unless otherwise stated, all images on the Website are the property of Company and its affiliates and licensors.  These images are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Company, or if such content has been furnished by a third party, by such third party and may not be reused or reproduced without Company’s prior written consent.

Logo and Trademarks
All trademarks and service marks, used on the Website are the trademarks and service marks of Company or their respective owners and may not be used without prior written consent of Company or their respective owners.

Third-Party Content
We respect copyright and trademark laws. Third-party material may appear on the Website, and the creators of those materials retain all rights to their works, except where noted.

No Guarantees
Though we strive to keep the information available on the Website current and accurate, errors and outdating of information can and do occur. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Website may be changed or updated without notice.

Warranty Disclaimer

THIS WEBSITE, INCLUDING ANY CONTENT, PRODUCTS OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, PRODUCTS OBTAINED THROUGH THE WEBSITE, WEBSITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.

Links to Other Websites
The Website may contain links to other websites for the convenience of users in locating information, products, or services that may be of interest. Company makes no representations whatsoever about any other website that you may access through this Website. When you access a non-Company site, please understand that it is independent from Company, and that Company has no control over the content on that site.

Limitation of Liability

THE COMPANY AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, PRODUCTS OBTAINED THROUGH THE WEBSITE, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

COMPANY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO COMPANY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE COMPANY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE COMPANY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO COMPANY DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits Company’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST COMPANY MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (1) OF THIS AGREEMENT OR FILING AN INDIVIDUAL ACTION UNDER SECTION (2) OF THIS AGREEMENT WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

No Liability
Company will not be liable to you or any other person for any damages that result from the use or inability to use the Website, or as a result of any content, products, information, services, or resources made available through the Website.

Indemnification
You agree to indemnify and hold harmless Company, our affiliates, licensors, officers, directors, employees, and volunteers from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, arising out of, or related to your use of this Website, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

Mandatory Arbitration Agreement

This Arbitration Agreement applies only to users in the United States.

  1. Dispute resolution and arbitration

You and Company agree that any dispute, claim, or controversy between you and Company arising in connection with or relating in any way to your use of this Website or to your relationship with Company (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this agreement) will be determined by mandatory binding individual (not class) arbitration. You and Company further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration.

  1. Exceptions

Notwithstanding the clause above (section 1), you and Company both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either party’s rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop either party from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against the Company on your behalf (or vice versa).

  1. No Class Or Representative Proceedings: Class Action Waiver

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

  1. Arbitration rules

Either you or Company may start arbitration proceedings. Any arbitration between you and Company will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Company agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.

Unless the arbitrator determines that it is unreasonably burdensome to you, any arbitration hearings will take place in San Francisco County, California, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

  1. Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Company’s address for Notice is: 4096 Piedmont Avenue, Suite 336, Oakland, CA 95618. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). If we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

  1. Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described below shall govern any claim in court arising out of or related to the Agreements.

Governing Law and Jurisdiction
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco County, California, and waive any objection to such jurisdiction or venue.  In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Severability and waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

 

Assignment

Company may assign the Agreements or any part of them, and Company may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

Waiver
No delay or omission by Company to exercise any rights with respect to these Terms of Use neither impairs any such rights nor should be construed to be a waiver of such rights by Company.

Contacting Us

You may contact Company as follows:

Email: info@birkmayer-usa.com

Phone: (510) 603-1495

We welcome your feedback and thank you for using the Website!

Changes to the Terms of Use

We reserve the right to make changes to any information or services available on the Website, including these Terms of Use, without notice to you. Any change will be effective immediately upon posting on our Website and by changing the effective date below. Be sure to return to this page periodically to ensure familiarity with the most current version of this Terms of Use.  These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof.

EFFECTIVE DATE: February 1st, 2019