Terms and Conditions

Last Updated: June 18, 2023

Table of Contents



1. Acceptance of Terms

By accessing and using our Site, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using our Services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement.

2. Privacy

Please review our Privacy Policy, which also governs your visit to our Site, to understand our practices.

3. Intellectual Property

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ImaGenetic.com or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of ImaGenetic.com, with copyright authorship for this collection by ImaGenetic.com, and protected by international copyright laws.

4. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

5. Product Descriptions

ImaGenetic.com attempts to be as accurate as possible. However, ImaGenetic.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

6. Pricing

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

7. Shipping and Returns

Please review our Shipping and Returns Policy, which also governs your visit to our Site, to understand our practices.

8. Limitation of Liability

In no case shall ImaGenetic.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

9. Changes to Terms

We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the country in which ImaGenetic.com is based, without regard to its conflict of law provisions.

11. Dispute Resolution

Any dispute relating in any way to your visit to ImaGenetic.com or to products you purchase through ImaGenetic.com shall be submitted to confidential arbitration in the country in which ImaGenetic.com is based, except that, to the extent you have in any manner violated or threatened to violate ImaGenetic.com's intellectual property rights, ImaGenetic.com may seek injunctive or other appropriate relief in any state or federal court in the country in which ImaGenetic.com is based, and you consent to exclusive jurisdiction and venue in such courts.

12. Site Policies, Modification, and Severability

Please review our other policies, such as our Shipping and Returns policy, posted on this site.These policies also govern your visit to ImaGenetic.com. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

13. Contact Information

Questions about the Terms should be sent to us at support@imagenetic.com.

14. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

15. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

16. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

17. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

18. Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumventthe security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

19. Indemnification

You agree to indemnify, defend and hold harmless ImaGenetic.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

20. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

21. Contact Information

If you have any questions about these Terms, please contact us at support@imagenetic.com.

22. DMCA and Intellectual Property Infringement Policy

ImaGenetic.com respects the intellectual property of others, and we require users of the Website to do the same. Thus, in Your use of and interactions with ImaGenetic.com and the Website, You may not:

  • Post, upload, display, submit, modify, distribute, or reproduce in any way any User Submission that is or contains copyrighted material belonging to others, without obtaining their prior written consent;
  • Use, copy, or imitate trademarks belonging to others in any manner that misleads consumers or violates the trademark rights of others;
  • Infringe any intellectual property rights belonging to others.

ImaGenetic.com reserves the right, in its discretion, to remove any User Submission if it believes that it may infringe the intellectual property rights of any third party, and/or to terminate the accounts of users believed to be infringers.

23. DMCA and Intellectual Property Infringement Takedown Notification

Take-Down Notice. If You are a copyright, trademark, or intellectual property owner or an agent thereof and believe that any material on ImaGenetic.com infringes Your copyrights, trademarks, or intellectual property rights, You may submit a notification by providing ImaGenetic.com with the following information in writing:

  1. A physical or electronic signature of the intellectual property owner or the person authorized to act on behalf of the owner of an intellectual property interest that is allegedly infringed;
  2. Identification of the material claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit ImaGenetic.com to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
  4. Information reasonably sufficient to permit ImaGenetic.com to contact You, including Your address, telephone number, and e-mail address at which You may be contacted;
  5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You, or Your agent, or the law;
  6. A statement made under penalty of perjury, that the above information in Your notice is accurate and that You are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf.

See 17 U.S.C 512(c)(3) for further information regarding claims of copyright infringement.

You acknowledge that if You fail to comply with all of the requirements above, Your notice may not be valid and not be acknowledged by ImaGenetic.com.

ImaGenetic.com will process and investigate valid notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.

Upon receipt of notices complying with the above requirements, ImaGenetic.com will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to his/her material.

24. Copyright / DMCA Counter-Notice Procedure

If You have a good faith belief that you received a copyright infringement notice under the DMCA as a result of a mistake or misidentification, you may consider submitting a counter-notice. ImaGenetic.com accepts counter notices submitted in response to copyright takedowns only.

Counter-Notice You may send a counter-notice to ImaGenetic.com’s Designated Agent, shown above, which must contain the following information in writing:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. Your name, address, and telephone number; and
  5. A statement that You consent to the jurisdiction of federal district court in the judicial district in which Your address is located, or if Your address is outside of the United States, for any judicial district in which You may be found and that You will accept service of process from the person who provided the initial notification of alleged infringement.

ImaGenetic.com will provide a proper and valid counter-notice to the alleged copyright owner for review and consideration.

If, within 10 business days of our receipt of your counter notice, the party who submitted the initial copyright claim doesn't inform us of an action seeking a court order against you, the material specified in the counter notice may be reactivated. Reactivating the material before this time may result in account termination. If you have any questions or concerns, please consult an attorney. You may also consider communicating directly with the party who filed the initial infringement claim.