• Affiliates
• FAQ
• Reading Room
• About Us
• Contact
• Our Guarantee
• Web Store
• Products
• Home
  

Table of Contents

TERMS OF USE ("TOU") AGREEMENT BETWEEN USER AND SYNERGENESIS, INC.

1. ACCEPTANCE OF TERMS.
2. DESCRIPTION OF SERVICES.
3. USE OF SITE CONTENT AND COMMUNICATIONS.
4. MEDICAL INFORMATION.
5. THE COLLOIDAL SILVER KNOWLEDGE BASE.
6. COPYRIGHTS.
7. TRADEMARKS.
8. NOTICES OF INFRINGEMENT.
9. LINKS TO THIRD PARTY SITES.
10. USER CONDUCT, NO UNLAWFUL OR PROHIBITED USE.
11. SUBMISSIONS AND COMMUNICATIONS PROVIDED TO SYNERGENESIS.
12. LEGAL DISCLAIMER, INDEMNITY, LIABILITY LIMITATION.
13. NO PROFESSIONAL ADVICE.
14. TERMINATION OF ACCESS RESTRICTION OF USE.
15. SEVERABILITY.
16. PRODUCT PURCHASE WARRANTY, PRICES & AVAIALBILITY.
17. SHIPPING POLICY.
18. REFUND/CANCELLATION POLICY
19. GUARANTEE AND RETURN POLICY
20. SECURE SHOPPING.
21. ADDITIONAL TERMS AND ADDENDUM'S TO "TOU".
22. GOVERNING LAW AND VENUE.
23. COPYRIGHT NOTICE.
    
    
    

 

ACCEPTANCE OF TERMS.

The Synergenesis, Inc. Site (s) are comprised of several Web sites and Web pages operated by ("SynerGenesis") or its affiliates (collectively, the "SynerGenesis Web Sites"). Synergenesis, Inc. as identified herein shall also include the use of the following words to properly identify Synergenesis, Inc. which include: SYNERGENESIS, Synergenesis, Inc., SynerGenesis, Inc. and SynerGenesis. Please feel free to browse the Site (s); however, your access and use of the Site (s) is subject to the following Terms Of Use ("Terms Of Use") and all applicable laws. By accessing the SynerGenesis, Inc. ("colloidalsilver.org") web site you indicate that you have read the following terms and agree to accept without modification, be bound by and comply with them. If you do not so agree, please promptly exit.

Anyone who accesses the SynerGenesis Web Sites material by any means is considered a ("User").

The use of this web site and the services that SynerGenesis provides to you are subject to the following Terms of Use ("TOU"). SynerGenesis reserves the right, in its sole discretion, to alter, change or otherwise update the "TOU" and Privacy Policy ("Privacy Policy") under which the SynerGenesis Web Sites and are offered, including but not limited to the changes associated with the use of the SynerGenesis Web Sites. SynerGenesis may apply these changes, alterations or updates at any time and you agree to be bound by such changes, modifications, alterations or updates. When changes to the ("TOU") occur the date of such changes will be posted in plain sight underneath the "Privacy and Site Notice" link which is located at the bottom of the pages of the Site. You are solely responsible for regularly reviewing changes to the Privacy and Site Notice, as well as reviewing them before your initial use.

Additionally, the SynerGenesis Web Sites pages may themselves contain additional terms ("Additional Terms") that govern particular features or offers, for example, product literature, the "Reading room" which contains written material such as the "Colloidal Silver Knowledge Base" the " Affiliate Partners Program" or other yet to be introduced features.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any of the SynerGenesis Web Sites, then these terms shall control.

» top «

 

DESCRIPTION OF SERVICES.

Through its network of Web properties, SynerGenesis provides you with access to a variety of resources, including web pages, web store. product information, an Affiliate program and the "Reading Room" (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms Of Use ("TOU").

» top «

 

USE OF SITE CONTENT AND COMMUNICATIONS.

The information provided by SynerGenesis, Inc. on this site or by its agents or employees by phone, fax or other transmission medium including any links to and from this site is for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, commercial application, course of action or medical treatment.

The Food and Drug Administration (FDA) has not evaluated any of the statements or contents of this website. The information contained herein is NOT intended, nor should it be used to diagnose, treat, cure, prevent, or mitigate any disease or condition. The information contained herein is NOT intended, nor should it be used in diagnosis of disease or other conditions, including a determination of the state of health, in order to cure, mitigate, treat, or prevent disease or its sequelae.

FDA regulations do not permit any company to publish information regarding medical conditions or treatment of disease in combination with, support for, or as an incentive to purchase dietary health supplements. Although at the time of this writing we do not yet offer dietary supplements we do anticipate doing so in the future., therefore; we are including this notice in relation to our products as they are currently offered in anticipation of any relevant present or future product offerings. Our website and the 'Colloidal Silver Knowledge Base' IS NOT in any way, directly or indirectly, an advertisement or claim for any actual SynerGenesis, Inc. products for their effectiveness or use in relation to the treatment of any disease or medical condition, use in diagnosis of disease or other conditions, including a determination of the state of health, in order to cure, mitigate, treat, or prevent disease or its sequelae, nor shall it be construed as such.

SynerGenesis, Inc. absolutely makes no such claims or connections that any SynerGenesis product or any silver preparation appearing in the Colloidal Silver Knowledge Base is suitable to treat any disease or condition.

Synergenesis, Inc. does not provide specific medical advice, is not engaged in providing medical or professional services and does not endorse any medical or professional service or information obtained through or by any links to or from this site. Use of the information on this site does not replace proper medical consultations with a qualified health or medical professional to meet the health and medical needs of you or a loved one or any third party.

You exercise your own judgment when reviewing any information and/or purchasing any product on this web site. Please check with a physician or health professional if you suspect you are ill. Please seek appropriate professional advice when creating product formulations or using our products in any manner that you are unsure as to proper regulatory requirements of manufacture relative to such use.

* All colloidal and/or ionic silver products available from SynerGenesis are not intended for use as a pesticide or related purposes as per requirements of; The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) or any purpose that requires prior EPA approval, oversight for such use or regulation of manufacture and or distribution to which appropriate EPA approval is not formally declared in our product literature and product label.

SynerGenesis Inc. makes no representation that information or products, referenced on this website are available, appropriate or legal in any country or region outside the U.S. Those who choose to access this website are solely responsible for compliance with applicable law.

» top «

 

MEDICAL INFORMATION.

No claims are made nor implied, with regard to the use of colloidal silver / silver mineral water for medical conditions. Colloidal silver is regulated by the FDA and is not approved as an OTC (over the counter) drug by the FDA. There is no RDA (Recommended Daily Allowance) established, nor is the need, role or safety regarding nutritional use established clinically / scientifically. Therefore; we are not implying, advocating nor recommending such use, nor, that anyone self diagnose and treat their own illness using silver or other minerals dispersed into water, nor the indiscriminate, unlawful use, or use in any manner that is inconsistent with established laws and regulations.

The user assumes sole responsibility with regard to all use, personal and or commercial applications of the products available at this site, including assuring that you are using the products in a manner that conforms with legal and regulatory requirements for such use in the jurisdictions the products it will be used in.

This website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other healthcare professional.

» top «

 

THE COLLOIDAL SILVER KNOWLEDGE BASE.

The Colloidal Silver Knowledge Base ("TCSKB") is provided solely for educational, entertainment, informational and research purposes only. It is intended as a starting point of research for factual and referenced information in support of continued/additional research and development. The general theme addresses some of the technical concerns, historical uses, present applications and potential uses strictly with regard to research and development of colloidal silver in a manner that is legal in every respect,promoting research by those who are qualified to do so. However users are solely responsible with regard to their use of any information thus accessed. The information contained therein has been compiled from practical knowledge, opinion, numerous third party independent books, articles, journals, and research documents pulicily linked in many cases, which are assumed to be deemed reliable, although we cannot vouch for third party data or its vailidity. Researchers, electrochemistry specialists, nano-technologists, chemists, health professionals, industrial research & developmnt staff and other professionals involved in the study of colloids for in vitro research and development purposes may find benefit in this resource, but are advised that is it provided on an "AS IS" AND "AS AVAILABLE" BASIS. Colloidalsilver.org products pages access or links to The Colloidal Silver Knowledge Base and/or it's pages are for educational and informational purposes only. Please be advised that the Colloidal Silver Knowledge Base contains information which may be difficult to understand for the average lay person or non-professional. If you are a lay person; you are advised to read the entire TCSKB in full, keeping in mind the entirety of the TOU herein, and always seek the help and advice of more experience professionals in understanding and interpreting the more technical information in the TCSKB.

» top «

 

COPYRIGHTS.

All content and functionality on the Site, including text, graphics, logos, icons and images, and the selection and arrangement thereof, is either authorized by the owner of the copyright, or is the exclusive property of SynerGenesis, in either case these items are protected by U.S. and international copyright laws. All rights not expressly granted are reserved by their respective owners.

» top «

 

TRADEMARKS.

The trademarks, designs, logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of SynerGenesis. You agree that you will not refer to or attribute any information to SynerGenesis in any public media (e.g., press releases, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing third party, and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, SynerGenesis.

(A.) Unless otherwise specified, all material ("Material") obtained at all Site (s) owned, operated, licensed or controlled by SynerGenesis or by other parties that may have licensed their material to SynerGenesis are provided for your personal and noncommercial use only, including but not limited to images, illustrations, research, text and articles, which are protected by copyrights that are controlled and owned by SynerGenesis or by other parties that may have licensed their Material to SynerGenesis. Specifically you may not upload, modify, post, copy, distribute, transmit, display, perform, reproduce, publish, republish, license, create derivative works from, attempt to "pass off" any of the Material as your own work, transfer or sell any articles, information, research or distribute in any way any Material obtained from the SynerGenesis Web Sites, or by other parties that may have licensed their material to SynerGenesis. You may not link directly to SynerGenesis files for commercial purposes, accept per the TERMS of Affiliate ("Affiliate") participation. Modification of the Materials or use of the Materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of these TOU SynerGenesis hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display and print one copy of the content and functionality displayed on the Site for your internal, personal/business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without SynerGenesis's prior written consent.

(B.) MagicBullet™; and Spellbound™ are trademarks of SynerGenesis, Inc., in the United States and other countries. Trademarks graphics, logos, and service names belonging to other entities shall in all instances remain the property of the originator. SynerGenesis's trademarks may not be used in connection with any product or service that is not SynerGenesis's, in any manner that is likely to cause confusion among the general public, customers, or in any manner that disparages or discredits SynerGenesis.


(C.) The logos and trademarks, marks ("Marks") displayed on the Site are the property of SynerGenesis and other parties. Users are prohibited from using any Marks without the written permission from SynerGenesis, Inc. permissions department, or such third party which may own the Marks. For more information write to Attn.: Permissions Dept. SynerGenesis, Inc. P.O. Box 211 Pengilly, Minnesota 55775 All contents of the SynerGenesis Web Sites are: Copyright © 1997 - 2006 SynerGenesis, Inc. and/or its suppliers. Corporate HQ P.O. Box 211 Pengilly, Minnesota. Phone (218) 885-0049

» top «

 

NOTICES OF INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), and in accordance with the Digital Millennium Copyright Act ("DMCA"), Pub. L. 105-304, notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent/Copyright Agent for Notice of claims. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Contents of Notice. The DMCA requires that all notices of alleged copyright infringement be in writing. For SynerGenesis to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing SynerGenesis of an alleged copyright infringement, you should:

(1) Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on that site.

(2) Describe the material that is claimed to be infringing and provide sufficient information to permit Yale to locate that material.

(3) Provide your contact information, including an address, telephone number, and, if available, an e-mail address.

(4) Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.

(5) Certify that the information that you have provided Yale is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.

(6) Include your physical or electronic signature.

SynerGenesis may not be able to act on your complaint promptly or at all if you do not provide this information.

SynerGenesis's Copyright Agent for Notice of claims of copyright infringement and acting Service Provider's Designated Agent can be reached as follows:

By mail:

E. Vincent Goetsch
c/o SynerGenesis, Inc.
P.O. Box 211
Pengilly, Minnesota 55775

By phone: (218) 885-0049

By e-mail: Send a message via this link.

» top «

 

LINKS TO THIRD PARTY SITES.

THE LINKS IN THIS AREA WILL LET YOU LEAVE SYNERGENESIS' SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SynerGenesis AND SYNERGENESIS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SYNERGENESIS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SYNERGENESIS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SYNERGENESIS OF THE SITE.

» top «

 

USER CONDUCT, NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services of the SynerGenesis Web Sites, you warrant to SynerGenesis, Inc. that you will not use the SynerGenesis Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SynerGenesis Web Sites in any manner which could disrupt, damage, disable, overburden, deny use, redirect, spoof or in any way impair the SynerGenesis Web Sites or interfere with any other party's use and enjoyment of the Web Sites. You may not obtain or attempt to obtain any materials or information about any user or communications through any means not intentionally made available or provided for through the SynerGenesis Web Sites. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any SynerGenesis server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites/Services.

SynerGenesis reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SynerGenesis's sole discretion.

» top «

 

SUBMISSIONS AND COMMUNICATIONS PROVIDED TO SYNERGENESIS.

SynerGenesis does not claim ownership or liability for materials you provide to SynerGenesis (including feedback, research, articles and suggestions) or email, posts, uploads, input or Submission (s) to any SynerGenesis Web Site or its associated services (collectively "Submissions"). However, by emailing, posting, sending, uploading, inputting, providing or submitting your Submission you are granting SynerGenesis, its affiliates and sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

Submission (s), as defined herein, will not receive compensation, be paid whatsoever regarding the use of any Submission. Submission (s) received by SynerGenesis do not constitute an obligation to post or use any Submission provided by any means. SynerGenesis may remove any Submission at any time within SynerGenesis's sole discretion.

By emailing, posting, sending, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, email, send, post, upload, input or submit the Submissions.

» top «

LEGAL DISCLAIMER, INDEMNITY, LIABILITY LIMITATION

WHILE SYNERGENESIS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SYNERGENESIS WEB SITES, IT MAKES NO REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION, AND YOU SHOULD NOT RELY UPON IT. THE SERVICES, INFORMATION, ARTICLES, RESEARCH AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SYNERGENESIS WEB SITES OR BY ANY MEDIUM OF COMMUNICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

*THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

SYNERGENESIS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CHANGES AND UPDATES ARE PERIODICALLY APPLIED TO THE INFORMATION HEREIN. SYNERGENESIS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES REFLECTED IN THE SYNERGENESIS WEB SITES AT ANY TIME. INFORMATION RECEIVED VIA THE SYNERGENESIS WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE APPROPRIATE TO YOUR NEEDS. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT SYNERGENESIS, INC. IS NOT PROVIDING PROFESSIONAL ADVICE TO USER (S) OR ANYONE ELSE! ALL INFORMATION, HOWEVER OBTAINED BY ANY MEANS FROM SYNERGENESIS IS PROVIDED SOLEY FOR EDUCATIONAL AND OR ENTERTAINMENT PURPOSES (UNLESS OTHERWISE SPECIFIED) AND SHOULD NOT BE USED WITHOUT THE ADVICE AND SUPERVISION OF A LICENCED AND QUALIFED PROFESSIONAL, OR IN ANY EVENT APPROPRIATE TO YOUR SITUATION. SYNERGENESIS MAKES NO WARRANTY THAT MATERIAL CONTAINED WILL MEET YOUR REQUIREMENTS, THAT THE ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIAL WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITES OR ANY OTHER MEANS WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE MATERIAL WILL BE CORRECTED.


INDEMNITY


YOU SPECIFICALLY AGREE TO INDEMNIFY AND HOLD SYNERGENESIS OUR OFFICERS, DIRECTORS, CO-BRANDERS, AFFILIATES OR OTHER PARTNERS, EMPLOYEES, AGENTS, SUBSIDIARIES OR DIVISIONS HARMLESS FROM ANY CLAIM, LIABILITY OR DEMAND, INCLUDING PENALTIES, LOSSES, DAMAGES, COSTS, EXPENSES, REASONABLE ATTORNEYS' FEES MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. AS WELL AS ANY DEMAND, ATTORNEYS' FEES, CAUSES OF ACTION, CLAIMS OR LIABILITIES ARISING OUT OF THE USE OF ANY INFORMATION, PRODUCTS OR SERVICES PRESENTED OR SOLD VIA THE SYNERGENESIS WEB SITES, INCLUDING BUT NOT LIMITED TO THE USE, HANDLING, OPERATION OR APPLICATION OF PRODUCTS OR INFORMATION BY USER OR ANY THIRD PARTY. BY USING OR VIEWING THE INFORMATION CONTAINED HEREIN, USING OR PURCHASING PRODUCTS, SERVICES OR INFORMATION ORIGINATING HEREIN THE USER WILLINGLY ASSUMES ALL RISK IN CONNECTION WITH SUCH USE.

LIABILITY LIMITATION

IN NO EVENT SHALL SYNERGENESIS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, NEGLIGENCE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYNERGENESIS WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SYNERGENESIS WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, GRAPHICS, PRODUCTS, SERVICES OBTAINED THROUGH THE SYNERGENESIS WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SYNERGENESIS WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SYNERGENESIS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF SYNERGENESIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF THE ORIGINAL PURCHASE PRICE PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $500. IN NO EVENT SHALL SYNERGENESIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF OR RELATING TO USE OF THE SITE ARE HEREBY EXCLUDED EVEN IF PREVIOUSLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYNERGENESIS WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND DEFINITIVE SOLUTION IS TO DISCONTINUE USING THE SYNERGENESIS WEB SITES AND OR PRODUCTS.

The provisions of these Terms apply for the benefit of SynerGenesis and its officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Site in accordance with these Terms.

» top «

NO PROFESSIONAL ADVICE.

As reinforced elsewhere herein, all information provided by SynerGenesis, Inc. on this site or by its agents or employees by phone, fax or other transmission medium including any links to and from this site or the information appearing in the SynerGenesis Web sites and in email alerts is not intended to replace professional advice of any type without exception. Any data via any form of communication as outlined above is given solely for informational, educational, entertainment purposes as a courtesy to our customers and does not constitute legal, medical or any other type professional advice. Individual situations and state laws vary thus users are encouraged to obtain appropriate advice from qualified professionals with regard to the need of any type of professional advice in their appropriate jurisdictions, or contact the appropriate governing body whose authority is germane to user's relevant circumstances and needs.

» top «

TERMINATION OF ACCESS RESTRICTION OF USE.

SynerGenesis reserves the right, in its sole discretion, to terminate your access to any or all SynerGenesis Web Sites and the related Services or any portion thereof at any time, without notice.

» top «

SEVERABILITY.

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

» top «

PRODUCT PURCHASE WARRANTY, PRICES & AVAIALBILITY

30 day money back guarantee is limited to one of each item per customer for 8 or 16 bottles only. Cases, Quarts gallons, 5 gallon or larger volume containers do not apply. shipping is non refundable. 30 day money back guarantee does not apply to all items, only items that state specifically that there is a money back guarantee. All sales are final once processed and shipped. Cancellations prior to shipping are subject to a 10% service fee and or restock fee. We reserve the right to treat each customer with personal attention, relevant to individual situations. Customer satisfaction is not just our goal, it is how we do business!

30 day money back guarantee for items other than silver or printed materials are as follows: If returned in as received condition, If returned in used or damaged condition fees may be charged for damage to such items. Returns are contingent of a 10% restock fee, SynerGenesis may waive the restock fee at SynerGenesis's sole discretion. Shipping is non refundable. Customer agrees to hold SynerGenesis, Inc. harmless regarding delivery delays or loss beyond our control, such as strikes, wars, civil unrest, catastrophes or acts of GOD. Product prices, specifications, performance & availability subject to change without notice. Void Where prohibited. All items purchased from SynerGenesis are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Insurance is optional at the user's request, additional relevant fees shall apply. We are not responsible for lost or damaged packages, we normally ship via UPS or USPS Priority mail with delivery confirmation, when the destination permits us to do so and such service is available. Insurance is extra and added to the order at the customers request, limited to availability from delivery service and destination restrictions. We reserve the right to refuse sales to anyone at our sole discretion. Purchase of our products, wholesale, singly or in bulk, does not imply a formal business association with SynerGenesis, Inc. Wholesale and Bulk purchases or affiliate program purchases are subject to a reduced cost to the buyer and are not for territory or the "right" to sell our products. We do not have distributorships or dealer arrangements. We make NO THERAPEUTIC, MEDICAL, ANTIMICROBIAL, PESTICIDE OR DIETARY CLAIMS, CLAIMS AND WILL CEASE TO SELL TO ANYONE THAT DOES. All bulk purchases will be taxed where applicable. Any purchaser of our products, who then resells such products, does so at their sole discretion, and is solely liable for their actions in so doing, without exception. For more information contact: SynerGenesis, Inc. P.O. Box 211 Pengilly, Minnesota 55775 (218) 885-0049

» top «

SHIPPING POLICY

Orders are processed and shipped normally within 24-48 hours Monday - Friday. Priority mail will reach most US locations 3 -6 days after order is received. Allow extra time for weekend orders. We will not be responsible for packages that are shipped to areas that we cannot confirm delivery, or insure, we reserve the right to cancel orders to areas not allowed by our shipping policy. If delivery confirmation and insurance is unavailable to your Country, or area, international customers must complete the required steps as outlined in the product description area and web store PRIOR to ordering, in the event of complications we will contact you regarding your options or notify that your order has been declined and or refunded. Disclaimer required by our merchant account: " All items purchased from SynerGenesis, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier". We reserve the right to treat each customer with personal attention, relevant to individual situations. Customer satisfaction is not just our goal, it is how we do business!

(Corporate HQ) Customer Service, Returns and Order fulfillment Department: SynerGenesis, Inc. P.O. Box 211 Pengilly, Minnesota 55775 (218) 885-0049
Toll Free Orders 1-800-850-8998 NOTE: Staff at the 24 hour toll free number are not trained to answer technical questions, for answers to technical questions please call (218) 885-0049 during normal business hours, 9- 5 PM Central time, or to email Send a message via this link.

WEB SITE CONTACT: Send a message via this link.

» top «

REFUND/CANCELLATION POLICY

Orders may be canceled prior to processing by the merchant account without penalty. All sales are final once an order has been processed by the merchant account gateway service and or has been shipped. We will accept returns of full bottles of product for exchange at our sole discretion on a per incident basis. Also see: PRODUCT PURCHASE WARRANTY, PRICES & AVAIALBILITY.

PAYPAL RIGHT TO REFUND

You, the customer, are entitled to a refund of the money to be transmitted as a result of this agreement if PayPal does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you.

If your instructions as to when the money shall be forwarded or transmitted are not complied with, and the money has not yet been forwarded or transmitted, you have a right to a refund of your money.

If you want a refund, you must mail or deliver your written request to PayPal at P.O. Box 45950, Omaha, NE 68145-0950. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1, 000.00 USD and attorney's fees pursuant to Section 1810.5 of the California Financial Code.

Important Note: The Right to Refund claim process applies only to payments that have not been successfully transmitted to the recipient. With PayPal, almost all payments are transmitted to the recipient immediately, except for eCheck payments, and payments to non-PayPal members.

Please do not file a Right to Refund claim if your payment has already been completed. If you have problems with a completed payment or need assistance with settling a dispute with a seller, go to PayPal's Resolution Center by logging into your account and clicking the Resolution Center sub tab located at the top center of the Account Overview page.

You can also click the Help link at the top right of any PayPal page to look up more information about the Resolution Center and filing complaints.

MA residents only: PayPal holds a Foreign Transmittal Agency license in the State of Massachusetts - License Number FT3345.

» top «

GUARANTEE AND RETURN POLICY

Guarantee:

We guarantee that our products are manufactured to the highest of self imposed standards to insure consistency of concentration and purity.

Refund Policy, Happiness Policy for Single Bottle Orders:

If you are not sure that our products will work for you, try a single 250 ml or 500 ml bottle risk free for 30 days.

Happiness policy: If you are not happy for any reason, you may return the bottle for a full refund of the purchase price, less the cost of shipping. This offer allows you to ascertain with certainty that our product (s) will work for your application prior to placing larger orders. Please try a single bottle to be sure the product performs to your satisfaction before placing quantity orders.
The unconditional refund policy does not apply to cases, quantity bottle orders one quart (32 oz) or more, including gallons carboys etc.

Refused Shipments:

The unconditional money back guarantee does not apply to refused shipments. Buyers who refuse to accept delivery of their shipment will be subject to a 20% restocking charge.

Returned Shipments:

Returned shipments not covered by the single bottle refund policy mentioned above will be subject to a 10% restocking fee.

» top «

Product disclaimers:

MagicBullet™

Notice/Disclaimer:

* Not manufactured for pharmaceutical, food, dietary, cosmetic, antibacterial, medicine or any application that requires conformance with industry specific regulatory requirements of manufacture by the FDA, or EPA rulings for "The Federal Insecticide, Fungicide and Rodenticide
Act” (FIFRA). User assumes sole responsibility in assuring they use this product in a manner that conforms with legal and regulatory requirements for such use in the jurisdictions it will be used in; and

*For product development: For Investigational Use Only. The performance characteristics of this product have not been established.

* This product is not intended to diagnose, prevent, treat or cure any disease. Not intended for use in diagnosis of disease or other conditions, including a determination of the state of health, in order to cure, mitigate, treat, or prevent disease or its sequelae.

Manufactured by Synergenesis, Inc.
Technology Division
P.O. 211
Pengilly, MN 55775
www.colloidalsilver.org

 

Spellbound™

Notice/Disclaimer:

* Not manufactured for pharmaceutical, food, dietary, cosmetic, antibacterial, medicine or any application that requires conformance with industry specific regulatory requirements of manufacture by the FDA, or EPA rulings for "The Federal Insecticide, Fungicide and Rodenticide
Act” (FIFRA). User assumes sole responsibility in assuring they use this product in a manner that conforms with legal and regulatory requirements for such use in the jurisdictions it will be used in; and

* This product is not intended to diagnose, prevent, treat or cure any disease. Not intended for use in diagnosis of disease or other conditions, including a determination of the state of health, in order to cure, mitigate, treat, or prevent disease or its sequelae.

Manufactured by Synergenesis, Inc.
Technology Division
P.O. 211
Pengilly, MN 55775
www.colloidalsilver.org

 

Term.

This Agreement shall become effective upon Your assent by clickthrough to purchase or any web page access, and shall remain in full force and effect thereafter until terminated as provided herein (the "Term").

Force Majeure . Neither party hereto shall be liable for the failure to perform any of its obligations under this Agreement if such failure is caused by any reason beyond its reasonable control including without limitation, any occurrence of any act of God, strike, industrial disturbance, or act of terrorism.

Remedies . Any remedies provided herein are non-exclusive.

Non-Exclusivity . Nothing in this Agreement shall be construed to preclude or restrict SynerGenesis, Inc. in any way from entering into similar arrangements with any other Person or from dealing or contracting directly with mutual customers or other parties.

Waiver: European Union Notices . To the fullest extent permitted by law, if You are located in a member state of the European Union, You waive all notices, acknowledgements and confirmations relative to contracting by electronic means which may be required under Articles 10(1), 10(2), 11(1) and 11(2) of EU Directive 2000/31/EC as implemented in Your jurisdiction in respect of Your use of the the Synyegenesis, Inc web sites and or services.

» top «

 

GOVERNING LAW AND VENUE.

These Terms shall be governed in all respects by the substantive laws of the Commonwealth of Minnesota, without regard to its provisions relating to conflict of laws. You irrevocably submit to the jurisdiction of any state court in Itasca County, Minnesota, or any courts of the United States of America located in Itasca County, Minnesota, and agree that all suits, actions and proceedings brought by you involving SynerGenesis, or its affiliates, subsidiaries, employees, agents, suppliers, contractors, officers, and directors shall be brought only in such courts in Itasca County, Minnesota. You and SynerGenesis, Inc. irrevocably consent to the exclusive jurisdiction of the courts located in Minnesota in connection with any action arising out of or related to these terms, this website, or their subject matter and waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens. The failure of SynerGenesis to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Use of the SynerGenesis Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this statement.

SynerGenesis Web Sites (excluding linked sites) are controlled by SynerGenesis, Inc. from its offices within the state of Minnesota, United States of America. It can be accessed from all states in the U.S.A., as well as from other countries around the world. As each of these places has laws that may differ from those of Minnesota, by accessing this web site both you and SynerGenesis agree that the statutes and laws of the state of Minnesota without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this web site. You hereby consent to the exclusive jurisdiction and venue of courts in Itasca County Minnesota, U.S.A. in all disputes arising out of or relating to the use of the SynerGenesis Web Sites. SynerGenesis, Inc. makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Use of the SynerGenesis Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this statement.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SynerGenesis, Inc. as a result of this agreement or use of the SynerGenesis Web Sites. SynerGenesis's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SynerGenesis's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SynerGenesis Web Sites or information provided to or gathered by SynerGenesis with respect to such use. If any item of this agreement is found to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision herein that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full effect. This agreement which includes the NOTICES AND ADDENDUM'S TO TERMS as specified herein constitutes the entire terms of use agreement between the user and SynerGenesis, Inc. regarding the SynerGenesis Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SynerGenesis with respect to the SynerGenesis Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

» top «

COPYRIGHT NOTICE.

© 1997-2006 SynerGenesis, Inc.