Prior to BioLayne, LLC providing you (“Client”) with nutritional and/or exercise information (“Information”), Client must agree to the following terms and conditions (“Terms & Conditions”). It is recommended that Client consults an attorney prior to accepting these Terms & Conditions.
TERMS & CONDITIONS
- Informational Purposes:
Client agrees and understands that all Information is being provided solely for informational purposes. In addition, the Information has only been reviewed by a licensed dietitian/nutritionist and no other medical professional. If requested, consultation is available from a licensed dietitian/nutritionist. Finally, any changes to the Information will only be implemented upon prior approval of a licensed dietitian/nutritionist.
Client shall always seek medical advice from a medical professional prior to implementing Information.
- Client Acknowledgements:
Client hereby acknowledges that:
- These Terms and Conditions are binding upon Client and Client’s executors, administrators, heirs, next of kin, successors, and assigns.
- Client is at least 18 years of age;
- Client is in good physical and mental health;
- Client has met with and has been examined by a medical professional prior to implementing any Information and Client was cleared by said medical professional to implement any Information;
- Client will not share the contents of the Information with any third-party except Client’s medical professional; and
- In the event that Client shares any Information any third-party, Client shall indemnify and hold BioLayne, LLC, harmless, from any claims, suits, causes of actions, and/or damages of any nature, resulting from Client sharing the Information with any third-party.
- Release & Waiver:
In consideration of Client being provided Information, Client hereby waives, releases, and discharges BioLayne, LLC, from any and all liability of any kind, including but not limited to death, disability, personal injury, and/or illness, which may hereafter accrue and/or occur from Client using/implementing any Information.
The above release and waiver shall be construed as broadly as possible to provide a release and waiver to the maximum extent permissible by law.
- Dispute Resolution:
- These Terms & Conditions shall be governed, construed, and enforced in accordance with and subject to the laws of the State of New Jersey. Client further hereby acknowledges and consents that any controversy or claim arising out of or relating to these Terms & Conditions or anything in any way related to BioLayne, LLC, shall be administered by the American Arbitration Association, as follows:
- The parties must first attend non-binding mediation (except as set forth below). Mediation shall be paid by the party that files for same and mediation shall take place in Morris County, New Jersey.
- In the event that non-binding mediation is unsuccessful, then the parties are entitled to proceed with binding arbitration. Arbitration shall take place in Morris County, New Jersey and New Jersey law shall govern.
Judgment on any award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof.
ARBITRATION MEANS THAT CLIENT WAIVES THEIR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND CLIENT’S GROUNDS FOR APPEAL ARE LIMITED.
- Each party shall be solely responsible for their own fees and expenses incurred in both mediation and arbitration, including but not limited to, attorney’s fees, expert’s fees, and filing fees. Neither party shall be awarded any costs or fees (including but not limited to attorney’s fees) in arbitration.
- Client agrees not to seek any emergent applications with any Court and that all emergent applications, including but not limited to injunctions and restraining orders, are heard before the American Arbitration Association.
- Whenever the word “BioLayne, LLC” is used, it is understood that said term refers to BioLayne, LLC and BioLayne, LLC’s respective owner (Layne Norton), affiliates, directors, officers, employees, representatives, agents, predecessors, successors, assigns, and heirs.
- These Terms & Conditions constitute the entire agreement and understanding between the parties in relation to its subject matter and supersedes and replaces all prior negotiations and all agreements between the parties, if any, in to relation to its subject matter and may not be altered, amended, modified, except in writing duly executed by the parties.
- In making these Terms & Conditions, no party relied upon any statement or representation, oral or written, made by the other party to these Terms & Conditions. Each party expressly assumed the risk of any mistakes of fact.
- In the event that any of the provisions, terms, clauses, and/or rights contained in these Terms & Conditions are declared unlawful, unenforceable, or ineffective in a legal forum of competent jurisdiction, then such provisions, terms, clauses, and/or rights shall be deemed severable, such that all other provisions, terms, clauses, and/or rights contained in these Terms & Conditions shall remain valid and binding upon the parties.
- Any headings found in these Terms & Conditions are inserted for convenience only and are not to be considered in construction of the provisions thereto.
- The parties have cooperated in the drafting and preparation of these Terms & Conditions. Neither party may be regarded as its drafter, and in any interpretation to be made of these Terms & Conditions, there shall be no presumption that it should be construed against the interests of either party.
- Client has had an opportunity to review these Terms & Conditions with independent legal counsel. In addition, Client understands that they are under no obligation to execute these Terms & Conditions and voluntarily do so.