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TERMS AND CONDITIONS

Effective Date: These Terms were last updated on December 10, 2020.

  1. Contractual Relationship and Services

 We at Laboratorios Latin Corp and www.biocollagenusa.com (“Laboratorios Latin,” “we,” “us,” or “our”)  are pleased to welcome you to our family and are excited that you wish to use our Services and purchase our products. Like all families, we have rules, so please read these Terms and Conditions (the “Terms”) before purchasing products, consuming products, receiving free samples, or using or accessing our websites, pages, chat groups, applications, social media platforms, content, products, and other related services (the “Services”).  For the sake of clarity, by visiting our sites and pages, talking with our representatives, receiving free samples, consuming products or purchasing something from us, you engage in our “Service.”

PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LABORATORIOS LATIN. THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.  YOUR LEGAL RIGHTS ARE THUS AFFECTED – IT IS INCUMBENT UPON YOU TO READ THEM AND THE USE OF OUR SERVICES CONSTITUTES YOUR CONSENT TO THEM.

By accessing or using the Services, which includes the purchase of any products we offer or free samples we may give, you confirm your agreement to be bound by these Terms and acknowledge that you have read and understood the same. If you do not agree to these Terms, you may not access or use the Services.  There is no obligation for you to use the Services nor are we obliged to offer you the Services, and even if we do, we do not guarantee that the Services will function successfully (as with all technology, it is prone to errors, although we will in good faith endeavor to make your experience as smooth and gratifying as possible).  These Terms expressly supersede prior agreements or arrangements with you. Laboratorios Latin may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time and for any reason in its absolute and sole discretion.

Laboratorios Latin may amend or modify the Terms from time to time without notice. Amendments will be effective upon the posting of such updated Terms at this location or elsewhere in the application or on the website.  Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.

Ourcollection and use of your personal information in connection with the Services is described in our Privacy Policy located at ____________________, which is incorporated herein by reference and made a part of the Terms.

 

  1. Accessing our Services

 We offer our Services through our website—www.biocollagenusa.com—and through other pages and platforms, such as Facebook and WhatsApp; we also engage in direct marketing and marketing campaigns.  For example, you may access our Services and purchase our products through our online store, and contact us using the contact form or submission page.  If you decide to make a purchase, you will be directed to our payment page, which is hosted by PayPal and Square; your product is usually process within one business day, although shipping times vary.  If you contact us through Facebook, such as by sending us a message through messenger, you may be offered a free sample.  If offered a free sample, you will be given a code and be asked to send us your telephone number.  Our call center will call you and ask for the code; if your code is valid, i.e. has not expired, we will promptly send you the free sample.  You may also purchase products by telephone.  In order to do so, our call center will ask for your credit card number, record the conversation for quality assurance purposes, and send you the product after payment is successfully processed via our payment processor, which may be PayPal or Square.

 

  1. Product Selection and Prices

Product selection and prices may differ depending on where you purchase or see our products, whether through our website, Facebook, or other page or platform.  Certain products may be sold out or may have limited quantities, and you acknowledge that we make no guarantees as to availabilities or quantities of the products; to that effect, we reserve the right to limit the quantities of any products or Services that we offer.  Regarding accuracy, we have made every effort to display as accurately as possible the colors and images of our products; however, we cannot guarantee that your computer or cellular phonewill display the color or product accurately.  We reserve the rightto limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis and in our absolute and sole discretion. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to modify or discontinue any product at any time, and without notice. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  1. Information Disclosed via Services.

Laboratorios Latin is not responsible if information made available on this site is not accurate, complete or current, including prices. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.  Accordingly, we advise that before using our Services, which includes purchasing products, consuming products or receiving free samples, that you first consult with your primary care physician, doctor, or other health care professional about the accuracy of the information you receive via our Services.  In addition, this site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

  1. Accuracy of Information Provided by You.

You guarantee that the information you provide to us is correct, complete and current at all times. In particular, you must truthfully provide your own name and, if necessary, a billing address for billing purposes and mailing address for delivery.  If this information is no longer correct, complete or current, including your billing information, communication with you and the carrying out of our Services to you may prove impossible, i.e. significantly disrupted.  In such an event, please note that we may no longer be able to process your orders through our Services nor send you the products.  As mentioned previously, Laboratorios Latin reserves the right to cancel, suspend or discontinue our Services to you at any time, but especially for inaccurate, incomplete, or false personal or billing information. You also represent that you are the subscriber or authorized user of the cellular service at the mobile number provided.

 

  1. Customer Content.

Laboratorios Latin may, at its sole discretion, allow you to submit, upload, publish, or upload text, audio, image content or other information from time to time, and to post comments and feedback regarding your experiences with us and our Services and products (“Customer Content”).  Your Customer Content must comply with your obligations of conduct and responsibilities detailed herein in Section 7 and elsewhere in the Terms.  In any event, Laboratorios Latinis under no obligation to check, monitor or remove user content, although Laboratorios Latinwill endeavor to do so if the same violates these Terms or the Privacy Policy, and may do so with or without notice to you.  For the sake of clarity, Laboratorios Latin does not guarantee the accuracy or truthfulness and cannot review all communications and materials posted or uploaded to the services; you acknowledge that we are not responsible for the content of the Customer Content.

 

  1. Testimonials and Reviews.

 The Federal Trade Commission governs the advertising and marketing of our products.  To that effect, please be aware of the following regarding our testimonials and reviews.  Laboratorios Latinendeavors to receive product reviews and testimonials from verified customers, although given the breadth and use of the internet, spam and inaccurate reviews may be posted.  Reviews and testimonials are meant to reflect individual experiences of those who have used Laboratorios Latin’s products. We do not claim that these are typical results that all consumers will achieve, and reiterate that product reviews and testimonials will not be representative of everyone who will use our products. Consequently, you acknowledge that individual results will vary, and as mentioned before, it is inventible that inaccurate or false reviews and testimonials will be posted.  You agree not to rely on such reviews and testimonials when purchasing our products or using our Services, and that such purchase and use is based on your own decision and volition, free of persuasion from reviews and testimonials.  The testimonials include the original wording of the writer, except for grammatical, spelling and typing edits, and removal of any customer comments that could be interpreted as therapeutic or cure drug claims attributed to their use of our products that would be prohibited by the FDA and FTC for dietary supplements.Laboratorios Latinis not responsible for any of the opinions or comments posted to our site. Laboratorios Latinprovides product reviews and testimonials on our websites and pages as a means for customers to share their experiences with visitors, althoughLaboratorios Latindoes not share or endorse the opinions, views or commentary of any reviews and testimonials on this site.  Importantly, any reviews, testimonials, or Customer Content is not intended to make claims that Laboratorios Latin’s products can be used to diagnose, treat, cure, mitigate or prevent any disease. These claims have not been clinically proven or evaluated by the FDA.

 

  1. Your Conduct and Responsibilities.

You shall use the Services for lawful purposes only.  In addition, you commit yourself as follows: (i) you will comply with all applicable laws when you use the Services, and not engage in any conduct that could give rise to civil or criminal liability; (ii) you will not use the Services to cause trouble, annoyance or inconvenience or to restrict or inhibit any other user from using and enjoying the Services; (iii) you will not interfere with the correct operation of the network; (iv) you will not try to damage the Services in any way; (v) you will provide us with any proof of your identity that we deem appropriate; (vi) you will not use the Services with a non-compatible or non-approved device; (vii) you shall not use our Services to engage in any unlawful, threatening, invasive, abusive or other like conduct; (viii) you shall not use our Services to upload or transmit any obscene, vulgar, offensive, pornographic or otherwise objectionably or sexually explicit content; (ix) you will comply with all local, state, and federal law in your use of our Services; and (x) you will not use the Services to engage in defamatory, libelous, hateful, or violent content.    Laboratorios Latin may, but shall not be obligated to, review, monitor, or remove Customer Content.  However, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason.

 

  1. Ownership of Customer Content.

Subject to Section 9, all Customer Content that is uploaded or otherwise to the Services shall be yours and exclusively yours, and you covenant that you have all the rights, licenses, consents, and exemptions required to provide such content to Laboratorios Latin through our Services and to grant Laboratorios Latin a license in your Customer Content.  Such Customer Content shall not violate, infringe, misappropriate the rights of third parties in intellectual property or other rights of third parties, publication rights or personal or data protection rights of third parties, disregard or violate applicable laws or regulations, or Laboratorios Latin’s right to use your Customer Content pursuant to its license to do so.

 

  1. Rights Granted and Restrictions.

 

9.1       License to use Services.

Our Services are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.  Subject to your compliance with these Terms, Laboratorios Latin grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use the Services on your personal device or computer solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Laboratorios Latin.

 

9.2       License to use Customer Content.

By providing Customer Content to Laboratorios Latin, you grant Laboratorios Latin and our affiliates a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit and use in any manner in Laboratorios Latin’s sole and absolute discretion such Customer Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services) without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

 

9.3       Unauthorized Use.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted in writing by Laboratorios Latin; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.Modification or other unauthorized use of any materials displayed on the Services is a violation of our rights, the rights of our affiliates, and the rights of our third party licensors, and may even violate the civil and criminal law. Without limiting Laboratorios Latin’s remedies, you agree that you will promptly, within 24 hours, remove any infringing or otherwise objectionable materials from any platform or service if Laboratorios Latin or its agent requests that you do so, and that you will maintain the ability to remove such content from any platform or service on which you cause it to be placed or with which you cause it to be affiliated.

 

9.4       Intellectual Property.

Client agrees that the Services are proprietary products and services and that all right, title and interest in and to the Services, including without limitation, all associated intellectual property rights such as trademarks and copyrights, are and shall at all times remain with Laboratorios Latin and its third party licensors.  This Services may contain trade secret and proprietary information owned by Laboratorios Latin or its third party licensors.  You shall not copy or distribute the Services for any purpose.

 

9.5       Linking.

You may establish a hypertext link to our website and Services so long as the link does not state or imply any sponsorship of you or your website by us. However, you may not, without our prior written permission, frame or inline link any of the content of our website or Services, or incorporate into another website or other service any of our material, content or intellectual property.

9.6       No Ownership Rights.

The Services and all rights therein are and shall remain Laboratorios Latin’s property.  Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Laboratorios Latin’s company names, logos, product and service names, trademarks or services marks.  To that effect, you acknowledge that you do not acquire any ownership rights by using our Services, receiving free samples, or purchasing our products.

 

  1. Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that Laboratorios Latin does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Laboratorios Latin does not endorse such third party services and content and in no event shall Laboratorios Latin be responsible or liable for any products or services of such third party providers, such as Apple, Google, Square, PayPal, Facebook, WhatsApp, or other.  These third parties are not parties to this contractand are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party’s terms of service.

 

  1. Text Messages, Phone Calls, E-mails, and Notifications.

By accessing our services, purchasing products or receiving samples, you agree to receive text messages, phone calls, emails and notifications, and other direct forms of communication, advertising and marketing from Laboratorios Latin, either directly or indirectly through platforms from social networks, emails or otherwise.

 

The frequency of messages will not always be the same but will not exceed 2 messages per week per client.
We do not charge for mobile messages sent to our customers, but you are responsible for your mobile service provider’s messaging and data rates, as standard messaging and data rates may apply for alerts received via SMS and MMS.
You may unsubscribe from the Messaging Program at any time. If you wish to unsubscribe from the Program and stop receiving mobile messages from us, or if you no longer agree to these Mobile Messaging Terms, please reply STOP, QUIT, CANCEL, OPT-OUT ), and/or UNSUBSCRIBE to any message you receive from us. You may continue to receive text messages for a short period while we process your request and then receive a one-time message confirming your cancellation. You understand and agree that the above is the only reasonable method to unsubscribe.
Any questions or support you can contact us at 7863497072.

 

11.1 Messaging terms and conditions

Latin Corp Laboratories with address 9737 NW 41st St., #108, Doral, FL 33178

 

When you opt for the service, we will send you a message to confirm your registration.

By opting into Messages, you agree to receive recurring automated marketing and informational text messages from Laboratorios Latin Corp. Automatic messages may be sent using an automatic telephone dialing system to the mobile phone number you provided upon registration or any other number you designate.

Message frequency varies and additional mobile messages may be sent periodically based on your interaction with Laboratorios Latin Corp.

Laboratorios Latin Corp reserves the right to change the frequency of messages sent at any time to increase or decrease the total number of messages sent.

Laboratorios Latin Corp also reserves the right to change the short code or phone number where messages are sent.

Rates may apply for messages and data. If you have any questions about your texting or data plan, it is best to contact your wireless service provider. Your wireless service provider is not responsible for delayed or undelivered messages.

Your consent to receive marketing messages is not a condition of purchase.

Carriers

Carriers are not responsible for delayed or undelivered messages.

Cancellation

You can cancel at any time by texting “STOP” After you send the SMS message “STOP”, we will send you a message to confirm that you have unsubscribed and no further messages will be sent. If you want to receive text messages again, simply sign up as you did the first time and Laboratorios Latin Corp will start sending you messages again.

Information

Text “HELP” at any time and we’ll respond with instructions on how to unsubscribe. For help regarding our services, you can contact 7863497072.

Number Transfer

You agree that before changing your mobile phone number or transferring your mobile phone number to another person, you will reply “STOP” from the original number or notify us of your old number at 7863497072. The duty to inform us of the above facts is a condition to use this service to receive messages.

Privacy

If you have any questions about your data or our privacy practices, please visit our [Privacy Policy].

Change of messaging terms

We reserve the right to change or cancel our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued registration after such changes will constitute your acceptance of such changes.

 

  1. Payment.

Laboratorios Latin uses an external payment processor to process payments.  Our external payment process is currently Square and PayPal, although this may change without notice and in our sole discretion. The processing of payments in connection with your purchase of the products or use of the Services is subject to the terms and conditions and the privacy policy of the payment processors and your credit card issuer, in addition to these Terms and our own Privacy Policy. Laboratorios Latin is not responsible for any errors made by the payment processor or the credit card issuer. In connection with your use of the services, Laboratorios Latin obtains certain transaction details, which it will only use in accordance with its Privacy Policy and as stated herein.You are responsible for the provision of a valid credit card or other payment method and the timely payment of all costs.  You also expressly give Laboratorios Latin and the payment processor express permission to process payment.

 

  1. Termination.

Laboratorios Latin reserves the unconditional and exclusive right to terminate, change, suspend, or discontinue the Services at any time and for any reason in its sole and exclusive discretion. In the event of cancellation or termination, you are no longer authorized to access our Services, which include the website and all social media platforms.  In the case of termination, Laboratorios Latin shall have no liability to you in connection with the same.  These Terms and especially all the disclaimers and limitations of liabilities set forth herein shall survive.

 

  1. Children and Restrictions.

The Services and products are not designed for children under the age of eighteen (18) and as such we expressly limit the use of Services, the purchase of products, and the receipt of free samples, to adults eighteen or older.  However, we understand that minors, or those under the age of eighteen, may use our Services without our consent or without their parents’ consent.  To that effect, in the event it is discovered that children under 18 years old are using our Services, we will endeavor to delete any information collected from our databases and prohibit them from making purchase or receiving free samples of our products. We encourage parents and legal guardians to help enforce the Terms Policy by supervising your child’s internet activity and monitoring any potential use of our Services.  In any event, children under the age of eighteen (18), unless emancipated minors or with the express permission of their parents or legal guardian, shall not access our Services.

 

  1. Disclaimers; Limitation of Liability

 

15.1     DISCLAIMER; GENERAL 

THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LABORATORIOS LATIN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LABORATORIOS LATIN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES,SUCH AS THE PURCHASE OF PRODUCTS, READING OF CONTENT OR INFORMATION, OR RECEIPT OF SAMPLES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

 

15.2     DISCLAIMER; DIETARY SUPPLEMENTS

Before you consume the products form Laboratorios Latin, you acknowledge and agree that it is your sole responsibility to consult with a qualified healthcare professional regarding the application, use, health, safety and/or effectiveness of any dietary supplement or other herbal/botonical products or information and instructions pertaining thereto.You acknowledge and agree that use of any dietary supplement products involves unforeseeable risks and uncertainties, including, without limitation, the risks of: (a) individuals’ biological variation and response to herbal/botanical products; (b) product interactions with other herbal and drug ingredients; and (c) other health risks and uncertainties. Information on the services is provided for informational purposes only, does not constitute medical or health-related advice, and is not intended to diagnose, treat, cure or prevent any disease or health problem. Statements made on the services have not been evaluated by the FDA.You agree that the entire risk arising out of your use of the services, and any service requested in connection therewith, such as the purchase of products, consumption of products, reading of content or information, or receipt of samples remains solely with you, to the maximum extent permitted under applicable law.

 

15.3     DISCLAIMER; MANUFACTURER AND THIRD PARTY SITES.

LaboratoriosLatin expressly disclaims any responsibility for the accuracy, reliability, timeliness, quality, suitability, or availability of information, products, services, or merchandise found on third party sites that link to or from the services. LaboratoriosLatin disclaims any responsibility for product or service ordering functions, order fulfillment or compliance of products or services with any manufacturer’s warranties or specifications. Laboratorios Latin cannot be held responsible for the material contained on third party sites and/or related services nor does Laboratorios Latin make any representations or warranties as to the security of any information you might be requested to give to third party sites.

 

15.4     DISCLAIMER; CONTENT

In addition to any other disclaimers provided in the terms, any information disclosed to you via the services, including, without limitation, any content, product recommendations, product descriptions, reviews, testimonials, product safety and/or effectiveness materials, and health benefits, among other content, are not offered with any warranty or representation as to ability, accuracy, performance, or suitability for your intended purpose or compliance with applicable law. LaboratoriosLatin assumes no responsibility, and disclaims any liability for, any illness, or injury resulting from using any products or following any advice contained in the services.

 

15.6     LIMITATIONS OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, LABORATORIOS LATIN, ITS PROVIDERS, ITS AFFILIATES, AND ALL DIRECTORS, OFFICERS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS (HEREINAFTER “LABORATORIOS LATIN”) SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING THOSE BASED ON ANY CAUSE OF ACTION OR CLAIM RELATING TO THE SERVICES, SUCH AS PERSONAL INJURY OR ILLNESS, LOST PROFITS, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, LOST DATA, FAILURE OF PERFORMANCE, OMISSION, INTERRUPTION, DELETION, COMPUTER VIRUS, UNAUTHORIZED ACCESS, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, THE PURCHASE OF PRODUCTS, THE CONSUMPTION OF PRODUCTS, THE READING OF CONTENT OR INFORMATION, OR THE RECEIPT OF SAMPLES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF LABORATORIOS LATIN, EVEN IF LABORATORIOS LATIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

FURTHER, LABORATORIOS LATIN SHALL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, LOSSES, COSTS OR DAMAGES, MEDICAL BILLS OR OTHERWISE, ARISING IN CONNECTION WITH: (A) YOUR USE AND/OR CONSUMPTION OF ANY OF THE PRODUCTS SOLD OR FREE SAMPLES GIVEN; (B) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF YOUR USE OF OR ACCESS TO THE SERVICES, (II) LABORATORIOS LATIN’S DISCONTINUATION OR MODIFICATION OF THE SERVICES, OR (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE ACCESS TO THE SERVICES FOR ANY REASON WHATSOEVER, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS, DENIAL OF ACCESS, OR FAILURE TO MAINTAIN OR STORE ANY OF YOUR CONTENT OR OTHER DATA.

 

IN NO EVENT SHALL LABORATORIOS LATIN BE LIABLE TO YOU FOR DAMAGES IN AN AMOUNT EXCEEDING THE TOTAL FEES PAID BY YOU FOR OUR SERVICES, OR ONE HUNDRED DOLLARS ($100.00) (THE GREATER).  YOU AGREE TO PROMPTLY NOTIFY LABORATORIOS LATIN IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST LABORATORIOS LATIN, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

 

  1. Binding Arbitration; Waiver of Jury Trial; Waiver of Class Action; Opt-Out.

 

16.1     Conditions Precedent; Dispute Resolution

Laboratorios Latin hopes that all disputes, claims or controversies can be resolved through open communication and without the need for arbitration. This gives you and us a fair chance to resolve any problems promptly and efficiently.  We take your concerns and problems seriously as we strive to provide a positive experience for our customers.  To that effect, in the event a dispute, claim or controversy arises out of or in connection with our Services to you, you must give us notice of such dispute, claim or controversy, and the relief requested, and state the facts giving rise to the same and your contact information.  Please send this notice by e-mail to info@biocollagenusa.com    and by U.S. Postal Service Certified Mail, Return Receipt Requested, to Laboratorios Latin Corp, 9737 NW 41st St., #108, Doral, FL 33178.  We will contact you and within forty-five (45) days of our receipt of your notice.  Notwithstanding anything to the contrary herein, this Section shall not apply to any disputes, claims, or controversies regarding intellectual property and the infringement, protection or validity of our trade secrets, copyright, or trademark, and any claims that you choose to pursue in small claims court.  If not resolved by this foregoing process, the dispute will be resolved by binding arbitration in Miami-Dade County, Florida by an impartial arbitrator as further detailed herein.

 

16.2     Scope.

Subject to Section 16, any controversy or claim arising out of or relating to the Terms or Privacy Policy, or any alleged breach hereof, shall be determined by binding arbitration.

16.3      Jurisdiction and Venue.

The United States Arbitration Act, 9 U.S.C. § 1, or the arbitration law of the State of Florida, governs this private dispute process. All hearings will be held in Miami-Dade County, Florida.

 

16.4     Selection of the Arbitrator.

If the claim is not settled, the Parties may select an arbitrator by mutual, written consent. Each candidate must be a licensed attorney in good standing with all courts before which he or she has been admitted to practice, but he or she need not reside in the state in which the hearing is held.   The proceeding shall be governed by a single arbitrator.

 

16.5     Hearings.

TheParties will cooperate with the arbitrator to set the hearing on a mutually convenient date. The hearing may be postponed only by agreement of all parties, or upon order of the arbitrator for good cause shown.The arbitrator shall follow the Federal Rules of Evidence.The arbitrator shall have power to compel the production of documents, materials, and things within any Party’s possession or control and may limit proof or strike claims or defenses as a sanction for contempt. The arbitrator shall have no power to compel attendance of witnesses or testimony, but may draw appropriate inferences from a Party’s failure to make available a witness listed by another Party.The arbitrator may recess the hearing as the interest of justice requires.  The Parties shall equally pay the arbitrator’s fee and expenses, and the cost of any stenographic transcription of the hearing. Any Party may be represented at the hearing by counsel, but each Party is to bear their own litigation costs and attorney fees.

 

16.6     Award.

The arbitrator shall issue a written opinion, and within twenty (20) days from the date the opinion is issued, the Parties to the arbitration may apply to the arbitrator to modify or correct his award if there is an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award, or if the award is imperfect as a matter of form not affecting the merits of the controversy. Otherwise, the arbitrator’s award shall be final and binding on the parties.Upon application of any party to the arbitration, a court of competent jurisdiction shall confirm an award. Upon confirmation, the arbitrator’s award shall have the effect of a judgment as to all matters which were or could have been contested in the arbitration.

 

16.7     Enforcement.

On application to a court of competent jurisdiction, Laboratorios Latin may compel resort to Arbitration, and may compel enforcement of its terms. In any such action, Laboratorios Latin shall be entitled to dismissal of any civil suit or administrative proceeding, or a portion thereof, which has been commenced by or on behalf of the complainant.  Any contracted Partywho agrees to participate in this Arbitration, such agreement obtained upon the use of the Services, and subsequently files a lawsuit raising claims which would be subject to this process, shall be considered in material breach of the Terms, and Laboratorios Latin shall be entitled to have such lawsuit dismissed, and shall be entitled to recover from you the costs of obtaining dismissal of the lawsuit, including reasonable attorney’s fees.

 

16.8     WAIVER OF JURY TRIAL.

ALL PARTIES TO THIS AGREEMENT KNOW AND UNDERSTAND THAT THEY HAVE A CONSTITUTIONAL RIGHT TO A JURY TRIAL. HOWEVER, IN THE EVENT A DISPUTE, CLAIM, OR CONTROVERSY IS FOUND BY A COURT TO BE EXCLUDED BY THESE ARBITRATION PROVISIONS,THE PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. 

 

16.9     Waiver of Class Action

Except as expressly provided herein, any arbitration or court action hereunder shall proceed solely on an individual basis without the right for any claims to be arbitrated or litigated on a class or collective action basis or on a basis involving claims brought in a purported representative capacity on behalf of others or any governmental body or the public.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on you, your heirs, successors, and assigns.

 

16.10   Right to Opt-out of Binding Arbitration and Class Action Waiver.

You have the right to opt-out and not be bound by this arbitration provision and this class action waiver by sending written notice of your decision to opt-out to Laboratorios Latin Corp at  info@biocollagenusa.com and by U.S. Postal Service Certified Mail, Return Receipt Requested, 9737 NW 41st St., #108, Doral, FL 33178.  The written notice must be postmarked or emailed within thirty (30) days of your first use of the website or the application or the Services.  Your written notification must include: (1) your name, (2) your physical postal address, and (3) a clear statement that you do not wish to resolve disputes with Laboratorios Latin through arbitration; to the contrary, you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If chosen to opt-out, Laboratorios Latin will likewise not be bound by arbitration.  If you do not affirmatively elect to opt out as described above, your use of the Services shall constitute your irrevocable acceptance of these Terms and any changes/updates to this Section.

 

  1. Indemnity.

You agree to indemnify and hold Laboratorios Latin and itsdirectors, officers, shareholders, managers, members, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Laboratorios Latin’s use of your Customer Content; or (iv) your violation of the rights of any third party.  For Professionals, before you our Services to another, you agree to release, indemnify and hold harmlessLaboratorios Latin and itsdirectors, officers, shareholders, managers, members, employees, and agents from any and all causes of action and consequences, liability, losses and/or damages (including but not limited to personal injury to patients or others) arising from or related to the application or use (or misuse) of any of our products or Servicesrecommended by you.

 

  1. Miscellaneous

 

18.1     Choice of Law; Venue.

These Terms are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of law principles.  Each party irrevocably and unconditionally renounces any objection to venue, which shall be Miami-Dade County, Florida.

 

18.2     Notices; DMCA.

Laboratorios Latin may give notice to you through its Services to the e-mail, phone number, or address you provided to us.  You may give notices to Laboratorios Latin, with such notice deemed given when received by Laboratorios Latin, at any time by e-mail to info@biocollagenusa.com and by U.S. Postal Service Certified Mail, Return Receipt Requested, to Laboratorios Latin Corp, 9737 NW 41st St., #108, Doral, FL 33178.  Regarding the intellectual property rights of others, our designated agent under the Digital Millennium Copyright Act for the receipt of any claims infringement is the same as above.

 

18.3     Severability and Waiver.  If any provision, sentence, phrase or word of this Agreement or the application thereof to any party or circumstance shall be held invalid, the remainder of this Agreement, or the application of such provision, sentence, phrase or word to that person, shall not be affected thereby.  No consent or waiver, express or implied, with respect to any breach or default shall be deemed to be a consent or waiver with respect to any other breach or default.

 

  1. Returns

 Your satisfaction is very important to us.  If for any reason you are unhappy with your product or Services, or if you receive the wrong order or are missing products, you may return it to us for a full refund within fourteen (14) business days of your order; the product must be unopened and still in its original packaging.  After processing your return, we will refund your money with thirty (30) business days to the card you used to place the order.  Please send all returns to the following address: Laboratorios Latin Corp, 9737 NW 41st St., #108, Doral, FL 33178.We regret that we cannot refund shipping charges incurred by us to ship your order to you; this applies even if you received free shipping. Applicable shipping and handling charges may be deducted from your refund or store credit before it is issued.You will be responsible for paying your own shipping costs for returning your product.We do not guarantee that we will receive your returned product and won’t be able to process your request without first receiving your return package.

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