Policies

Bariatric Advantage Privacy Policy

Last modified: December 14, 2022

Introduction

Metagenics LLC. ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

 This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.bariatricadvantage.com/ (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.
  • Through mobile and desktop applications, you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

 Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");
  • That is about you but individually does not identify you, such as internet protocol address and your geographic location; and/or
  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners or customers.
Information You Provide to Us

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries on the Website.

 You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.

 As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

 The information we collect automatically does include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or Browser Cookies). As described above, we and our service providers use information gathered via cookies to facilitate navigation, to display information more effectively, and to personalize your experience.  We also gather statistical information about use of the Website in order to continually improve its design and functionality. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to your and display them while you are on the Website.  We may also use cookies or other technologies in online advertising to track response to our ads.  If you do not want information collected through the use of cookies, most browsers allow you to automictically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website.  You may also wish to refer to How to Enable and Disable Cookies .   If however, you do not accept cookies you may be unable to access certain parts of our Website.  You also may not receive advertising or other offers from us that are relevant to your interests and needs.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

 We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

 We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

 We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use  and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others.
Choices About How We Use and Disclose Your Information

 We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt out by checking the relevant box located on the form on which we collect your data (the registration form) or at any other time by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.

 California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA privacy notice for California Residents.

“Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser, see Choices About How We Use and Disclose Your Information.

Data Security

 We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

 The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

 Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

 It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

If you have any questions or comments about this privacy policy or need to access this privacy policy in an alternative format due to having a disability, please contact [email protected] and toll free at 800-692-9400.


Postal Address:

Attn: Privacy Office
Metagenics LLC.
25 Enterprise, Suite 200, Aliso Viejo, CA 92656

Bariatric Advantage Copyright Policy & Disclaimer

Thank you for visiting Metagenics' Web site. The content, arrangement and layout of this site, including, but not limited to, the trademarks and text, are proprietary to Metagenics, and should not be copied, imitated, reproduced, displayed, distributed, or transmitted without the express permission of Metagenics. Any unauthorized use of the content, arrangement or layout of the site, or the trademarks found in the site may violate civil or criminal laws, including, but not limited to, copyright and trademark laws.

The information provided in this web site may not be construed as medical advice. It is merely for educational purposes and its accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Bariatric Advantage Customer Information

Information for Patients

Bariatric Advantage has been exclusively designed for use by the bariatric patient both pre and post surgery. The products were professionally formulated with input by experienced Bariatric Surgeons and well respected nutritional experts.

Did you know that nutritional deficiencies of vitamin C, vitamin E, carotenoids, retinal, thiamin, riboflavin, folate, pyrodoxine, serum antioxidants, vitamin B complex, Zinc, and other key nutritional markers exist in patients affected by obesity prior to surgery?

Were you also aware that some of these deficiencies may have been induced by drugs like Antihypertensives, Antidiabetic Agents, Anti-inflammatories, and Bile Acid Sequestrants?

Information for Physicians

Bariatric Advantage is enjoying a successful implementation of our advanced nutritional supplement line in Surgical Practices and Support Groups around the country. This line has been professionally formulated with key research and development offered from practicing Bariatric Surgeons, well known and respected Naturopathic Doctors, and Support Group Directors.

To better understand our product offering and programming, please contact us directly at: (800) 898-6888.

Sales Tax – Customer is responsible for all sales, use, transaction privilege taxes, gross receipts, excise or similar transaction taxes (“Sales Taxes”) related to any products or other items purchased. Bariatric Advantage will typically collect Sales Tax at the time of sale and will either (1) remit Sales Taxes to the taxing authority directly or (2) remit the Sales Taxes to the Practitioners who will then remit Sales Taxes to the states. However, Customer agrees that Bariatric Advantage retains the right to subsequent payment from Customer of Sales Taxes, including if a taxing authority asserts that Sales Tax is due with respect to a product for which no Sales Tax was originally collected or Sales Tax was undercollected by Bariatric Advantage. Customer agrees that it will not assert or participate in any class action against Bariatric Advantage related to Sales Taxes.  

Bariatric Advantage Authorized Reseller Policy

Effective Date: March 1, 2023

 

This Bariatric Advantage Authorized Reseller Policy for the United States (this “Reseller Policy”) is issued by Bariatric Advantage (“Bariatric Advantage”) and applies to Authorized Resellers of Bariatric Advantage products (each, a “Product” and, together, the “Products”) in the United States of America.  By purchasing the Products for retail sale from Bariatric Advantage, or from an Authorized Distributor appointed by Bariatric Advantage, you (“Reseller” or “you”) agree to adhere to the terms of this Reseller Policy.  Until your status as an Authorized Reseller is otherwise revoked by Bariatric Advantage, in Bariatric Advantage’s sole and absolute discretion, you shall be considered an “Authorized Reseller.”  Bariatric Advantage may review your activities for compliance with this Reseller Policy, and you agree to cooperate with any such investigation, including, but not limited to, permitting inspection of your facilities and records related to the sale of the Products.

  1. Authorized Customers.  Reseller is authorized to sell the Products only to End Users.  An “End User” is a purchaser of the Products who is the ultimate consumer of the Products and who does not intend to resell the Products to any third party.  Reseller shall not sell or transfer Products to any person or entity Reseller knows, or has reason to know, intends to resell the Products.  Reseller shall not sell or transfer a quantity of the Products to any individual greater than that typically purchased for personal use.  Reseller shall not sell, ship, or promote the Products outside the United States of America without Bariatric Advantage’s prior written consent in each instance.
  2. Online Sales.
  3. Reseller shall not offer for sale, or sell, the Products on or through any website, online marketplace (including, but not limited to, Amazon, eBay, Walmart Marketplace), mobile application, or other online forum without the prior written consent of Bariatric Advantage, to be granted by Bariatric Advantage only through execution by both parties of a Bariatric Advantage, Authorized Online Seller Agreement.  The terms of this Reseller Policy supersede any prior agreement between Bariatric Advantage and Reseller regarding the sale of the Products on or through websites, online marketplaces, mobile applications, and other online forums.  Any authorization previously granted to Reseller by Bariatric Advantage to sell the Products on or through a website, online marketplace, mobile application, or other online forum is revoked.
  4. A Reseller (i) who is a healthcare professional with a license/certification (if required by law) or (ii) that is a business entity that has a healthcare professional as an owner, member, operator, manager, director, or other similar authority involved in the sales of the Products, is authorized to sell the Products on an eCommerce Store that is operated on behalf of such Reseller by an Authorized Distributor appointed by Bariatric Advantage.  An “eCommerce Store” is a website, micro-site, or mobile application that (x) is operated by such Authorized Distributor in its legal name or registered fictitious name, (y) is primarily used to facilitate orders of the Products from End Users on behalf of healthcare professional resellers, and (z) requires the prospective End User to create an account and log-in to purchase the Products.
  5. A Reseller who purchases directly from Bariatric Advantage and who has agreed to adhere to a Bariatric Advantage Online Webpage Agreement (the “Webpage Agreement”) is permitted to sell the Products through such Reseller’s “Practitioner Webpage” that is hosted by Bariatric Advantage, subject to the terms of the Webpage Agreement.
  6. Sales Practices.  Reseller shall always conduct Reseller’s business in a reasonable and ethical manner and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time.  Reseller shall not make any warranties or representations concerning the Products except as expressly authorized by Bariatric Advantage.  Reseller shall comply with all applicable laws, rules, regulations, and policies (a) applicable to Reseller’s business and/or (b) related to the marketing and sale of the Products.  Reseller shall represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the Products or the reputation of Bariatric Advantage.  Reseller shall not advertise Products not carried in inventory.
  7. Product Care, Customer Service, and Other Quality Controls.  Reseller shall comply with the Bariatric Advantage Product Care, Customer Service, and Other Quality Controls, attached hereto as Exhibit A, and as may be amended by Bariatric Advantage from time to time.
  8. Intellectual Property.
  9. Reseller acknowledges and agrees that Bariatric Advantage owns all proprietary rights in and to the Bariatric Advantage brand, name, logo, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (collectively, the “Bariatric Advantage IP”).  Bariatric Advantage grants Reseller a limited, non-exclusive, non-transferable, revocable license to use the Bariatric Advantage IP solely for purposes of marketing and selling the Products as set forth herein.  This license will cease immediately upon termination of Reseller’s status as an Authorized Reseller.  All goodwill arising from Reseller’s use of the Bariatric Advantage IP shall inure solely to the benefit of Bariatric Advantage.
  10. Reseller’s use of the Bariatric Advantage IP shall be in accordance with any guidelines that may be provided by Bariatric Advantage from time to time and shall be commercially reasonable as to the size, placement, and other manner of use.  Bariatric Advantage reserves the right to review and approve, in its sole and absolute discretion, Reseller’s use or intended use of the Bariatric Advantage IP at any time, without limitation.  In marketing the Products, Reseller shall use only images of the Products supplied by Bariatric Advantage without modification, and Reseller shall ensure that all Product images and descriptions are accurate and up to date.  All content included on Bariatric Advantage’s websites, including text, graphics, images, video clips, and audio clips, is the property of, or is licensed to, Bariatric Advantage and is protected by United States copyright law.  Reseller shall not use, copy, reproduce, distribute, publish, display, modify, create derivative works from, transmit, or in any other way exploit, any part of copyrighted material without obtaining the prior written consent of Bariatric Advantage in each instance, which may be withheld in Bariatric Advantage’s sole and absolute discretion.
  11. Reseller shall not create, register, or use any domain name, social media screenname, or mobile application name that contains the name of Bariatric Advantage, any Bariatric Advantage product name, any Bariatric Advantage trademark, or any misspelling or confusingly similar variation of any Bariatric Advantage product name or trademark.
  12. Reseller shall not use the Bariatric Advantage IP to purchase online advertising or as key words for paid advertising purposes.
  13. Termination.  Bariatric Advantage reserves the right to terminate Reseller’s status as an Authorized Reseller with written or electronic notice.  Upon termination of Reseller’s status as an Authorized Reseller, Reseller shall immediately cease (i) selling the Products, (ii) acting in any manner that may reasonably give the impression that Reseller is an Authorized Reseller of Bariatric Advantage Products or has any affiliation whatsoever with Bariatric Advantage, and (iii) using any Bariatric Advantage IP.
  14. Modification.  Bariatric Advantage reserves the right to update, amend, or modify this Reseller Policy at any time.  Unless otherwise specified, such amendments will take effect immediately, and Reseller’s continued use, advertising, offering for sale, or sale of the Products, use of the Bariatric Advantage IP, or use of any other information or materials provided by Bariatric Advantage to Reseller will be deemed Reseller’s acceptance of the amendments.
  15. Confidentiality.  This Reseller Policy, including its attached Exhibit A, constitute confidential, proprietary information of Bariatric Advantage and shall not be used for any purpose other than the authorized advertising and sale of the Products nor be disclosed to any third party without the prior written consent of Bariatric Advantage.

 

EXHIBIT A

Bariatric Advantage

PRODUCT CARE, CUSTOMER SERVICE, AND OTHER QUALITY CONTROLS

Authorized Reseller shall:

1.             Comply with all instructions provided by Bariatric Advantage regarding the storage, handling, shipping, disposal, or other aspect of the Products, including instructions provided on Product labels; store the Products in a sanitary environment away from direct sunlight; unless otherwise instructed by Bariatric Advantage, store the Products at room temperature in a cool dry place and tightly capped; handle the Products in accordance with good industrial hygiene and safety practices;

2.             Sell the Products in their original packaging;

3.             Not relabel, repackage, or otherwise alter the Products or their packaging (including refraining from separating bundled Products and refraining from bundling separate Products);

4.             Not remove, translate, or modify the contents of any label or literature on or accompanying the Products;

5.             Not tamper with, deface, or otherwise alter any serial number, UPC code, batch or lot code, or other identifying information on the Products or their packaging or dilute the Products;

6.             Not resell any Product that has been returned opened or repackaged;

7.             Inspect the Products and their packaging, promptly upon receipt of the Products, for damage, defects, broken seals, evidence of tampering, or other nonconformance (each, a “Defect”) and, if any Defect is identified, not offer the Product for sale and promptly report the Defect to Bariatric Advantage at (800) 898-6888;

8.             Manage Product inventory, in order to ensure freshness, on a “first-in, first-out” manner, with older inventory being sold before newer inventory of the same Product;

9.             Inspect Product inventory regularly for expired or soon-to-be expired Products, not sell any Products that are expired or within ninety (90) days of expiration, and destroy or dispose of expired or soon-to-be expired Products in accordance with instructions provided by Bariatric Advantage and applicable law;

10.          Become familiar with the special features of the Products marketed for sale and obtain sufficient Product knowledge to advise customers on the selection and safe use of the Products, as well as any applicable guarantee or return policy; be available to respond to customer questions and concerns both before and after sale of the Products and respond to customer inquiries promptly;

11.          Cooperate with Bariatric Advantage with respect to any Product tracking systems that Bariatric Advantage may implement from time to time;

12.          Cooperate with Bariatric Advantage with respect to any Product recall or other consumer safety information dissemination efforts;

13.          Report to Bariatric Advantage any customer complaint or adverse claim regarding the Products and assist Bariatric Advantage in investigating and resolving any such complaint or adverse claim; and

14.          Cooperate with Bariatric Advantage in the investigation and resolution of any quality or customer service issues related to the sale of the Products, including disclosing information regarding Product sources, shipment, and handling.

Bariatric Advantage Return Policy

Returns, Refunds, Shipping, Other

Per Legal - please replace the current ‘Return Policy’ section on the Bariatric Advantage site’s Privacy Policy page with the language below:

BARIATRIC ADVANTAGE 60-DAY SATISFACTION GUARANTEE

Bariatric Advantage 60-DAY SATISFACTION GUARANTEE

At Bariatric Advantage, we stand behind our products and quality controls. If for any reason you are not satisfied with a Bariatric Advantage product you purchased from us or one of our authorized sellers, you may request a refund or replacement product. Please note that because we are unable to control the quality of our products sold by unauthorized sellers, unless otherwise prohibited by law, the Bariatric Advantage 60-Day Satisfaction Guarantee (the “Guarantee”) is not available for products purchased from unauthorized sellers. The Guarantee is also limited to the original, end-user purchaser.

How to claim the Guarantee
To submit a Guarantee request, please call one of our Customer Service representatives at (800) 898-6888, then press 1 and have the information available regarding where and when you purchased your product. If your request is approved, you will then need to mail the remainder of your product, a proof of purchase, and your Guarantee approval confirmation number to:

Bariatric Advantage
9770 44th Ave NW Bay Door #1
Gig Harbor, Washington 98332
United States

You must submit your Guarantee request within 60 days of the date of purchase. Please note that you are responsible for costs incurred in mailing your product and proof of purchase.

Guarantee guidelines

Bariatric Advantage reserves the right to verify information, require a valid proof of purchase, and deny Guarantee requests in its discretion in cases of suspected fraud or if the customer has abused the 60-Day Satisfaction Guarantee.

If you have any questions regarding whether a seller is an authorized Bariatric Advantage seller, please contact us at (800) 898-6888, then press 1.

Effective: February 1, 2023

Shipping Policy

  • All packages are shipped using the United States Postal Service (USPS) or through FedEx. Each method of shipment contains methods of delivery confirmation and tracking. Once the third-party company has established the delivery of a shipment the terms of the transaction are then void, and Bariatric Advantage is not responsible for compensation of lost or stolen product. All concerns will then be addressed to the appropriate third-party for attempted reimbursement.
  • Bariatric Advantage is not responsible for the shipping time of orders.
  • Most orders are sent via United States Postal Service (First Class or Priority Mail) and generally arrive within 3-4 days (not including Sundays). Orders sent FedEx have a delivery time of 1-5 business days depending on recipient location and FedEx service used.
  • Any order that is disputed for the length of its arrival time may be re-processed for FedEx Next Day Air shipping. However, additional fees WILL apply!
  • All FedEx Next Day Air orders are subject to a 24 hour payment processing before the product is actually shipped.
  • FedEx Next Day Air orders will NOT arrive on Saturday!
  • FedEx Next Day Air orders placed AFTER 10:00 AM Pacific will not be shipped out until the next business day.
  • Bariatric Advantage hours of operation are Monday-Friday, excluding holidays. Any shipment placed during non-business hours will be processed during our next scheduled business day.

Other Policies

  • The Bariatric Advantage Monthly Re-Order program recipients may be subject to additional fees if the credit card information on file, at the time of processing, is declined on more than one occasion.
  • Any attempted fraudulent use of discounts, applied to an order, may result in additional fees for compensation of dollar values lost.
  • Probiotics do not routinely ship with ice packs. More Information

BA Internet Policy

Effective Dates
August 17, 2023 - until further notice
Affected Customers

U.S. customers

Customers with Web sites selling to U.S. end-users

Suggested Retail Pricing

The Suggested Retail Pricing Policy of Metagenics LLC. is for all of its customers selling its professional lines of products on-line to sell such products at or above the suggested retail prices. Any advertisements, discounts, rewards programs, coupons, special offers, sales, promotions, etc. must explicitly state “Not valid on Metagenics’ (and BariatrX Essentials) products” and products must check-out at or above suggested retail pricing.

Private patients being treated by the practitioner may be given a private patient code to be entered upon checkout to replicate the discount provided to patients in the practitioner’s office. This code must not be provided to any customer via broadcast e-mail, must not be shown on the Web site and must not be made available to anyone other than the practitioners’ private patients. Reference upon checkout may only be as “patient code”; i.e., any word implying a discount, special, sale, coupon, etc. may not be used.

If a practitioner is found to have e-mailed the code to an e-mail database that includes customers other than private patients, the option to discount to private patients via an online Web site will be revoked. Continued or repeated violations will result in account termination.

Metagenics neither seeks nor will accept any assurances from any customer that it will not deviate from this Suggested Retail Pricing Policy. The suggested retail prices set forth are unilaterally set by Metagenics and are not open to discussion or negotiation with any of its customers.

Metagenics reserves the right not to sell or supply any products to any customer that is affiliated with a Web site that violates this Suggested Retail Pricing Policy.

Any reference or inference at all to discounts, price reductions, special call-in pricing, coupons, price-matching policies or any other special promotion or offer on Metagenics products will be deemed to be violations of this policy and grounds for immediate suspension of affiliated Customer’s account(s),

For customers with Meta-eHealth sites, discounts may be visible only to patients. Visitors who self-register must be provided access only to Metagenics products at Suggested Retail Price. This is in keeping with the availability of discounts which may be offered in practitioners’ offices but not available to the general public via the Internet. In other words, Metagenics does not consider it a violation of its policy for practitioners to provide discounts through Meta-eHealth to patients but not if discount visibility is open to non-patients.

Affiliate Programs

Metagenics products may not be offered as part of an affiliate program.

Third-Party Sites

Metagenics policy is for all of its customers selling its products on-line to sell on customer-owned sites only. Metagenics does not authorize or permit sales of its professional lines of products on third-party- facilitated sites (e.g., Amazon.com, eBay, etc.).

Metagenics reserves the right not to sell or supply any products to any customer that is found to be selling Metagenics products on third- party-facilitated sites.

Use of Trademarks

Customer shall not have the right to affix any of Metagenics’ trademarks to any product or other material conveyed to anyone other than via the Internet in the manner described in this Policy. Customer agrees to use the symbols ™ and ®Ò, as appropriate, when displaying the trademarks, which is intended to indicate Metagenics’ ownership of the trademarks and shall not be construed as a claim to ownership by Customer. Customer's use of the trademarks must be accompanied by a statement substantially as follows: "[Insert the trademark(s)] are trademarks of Metagenics LLC. and are used with permission." Customer must also include on all pages that reflect Metagenics products on Customer’s website a statement substantially as follows: “This site is not owned or operated by Metagenics LLC.”

Customer may not use Metagenics trademarks (or copyrighted material) on third-party-facilitated sites (e.g., Amazon, eBay, etc.) and social media websites (e.g., Facebook, Twitter, etc.).

Customer may not use Metagenics trademarks to purchase online advertising or as key words for advertising purposes.

Any use of the trademarks by Customer in accordance with this Policy shall inure to the benefit of Metagenics. The trademarks are solely and exclusively the property of Metagenics. Customer shall not have any ownership right, title, or interest, express or implied, in the trademarks.

Customer shall not use the trademarks except in a form, context, and location that is acceptable to Metagenics. Metagenics may review Customer’s website at any time and reserves the right to require Customer to make changes to it based upon use of any intellectual property owned or controlled by Metagenics, even if Metagenics has previously approved or accepted Customer’s website or the material displayed thereon. Metagenics may require Customer to make changes to Customer's website at any time to the extent Customer is using the Trademarks in a manner that violates applicable FDA or FTC regulations, any other applicable laws or regulations, or Metagenics policies.

Customer may not use any Metagenics product names, trademarks or copyrights as part of a URL (Universal Resource Locator), secondary level domain name, meta-tag, key word or file name.

All content included on Metagenics’ websites, including text, graphics, images, video clips and audio clips, is the property of or licensed by Metagenics LLC. or our associates, and protected by U.S. and international copyright laws. You may not use, copy, reproduce, distribute, publish, display, modify, create derivative words, transmit, or in any other way exploit any part of copyrighted material without express written permission from Metagenics LLC.

The Metagenics logo may be used only in the special form supplied by Metagenics for use on customer-owned websites; neither the file name nor the name of the image may be changed or modified from the original form supplied by Metagenics. It may be accompanied by a statement indicating “I (We) proudly offer [insert Metagenics Company Logo] products.” No other statements may be affiliated with use of the logo.

Customer may not use or display any ratings, reviews, testimonials, or content written by patients or practitioners in any capacity without written consent of Metagenics.

Private Label Customers
This policy is not intended to replace or supersede the Metagenics Private Label Agreement.

Disease Claims

In an effort to protect practitioners and Metagenics from potential legal liability due to the clear requirements of the Food and Drug Administration prohibiting disease claims from being associated with dietary supplements, Metagenics dietary supplements and non- medical food products may not be displayed or mentioned in association with any disease claims. Only claims that appear on the Metagenics.com website may be used. Medical foods must be properly categorized as such and the dietary supplement disclaimer must not be shown on pages showing only medical foods. Claims shown for medical food products must only reflect those medical food claims shown on the Metagenics website (www.metagenics.upshotcommerce.com). Product reviews and testimonials must be monitored and must not include disease claims about Metagenics dietary supplement and non- medical food products; reviews for medical foods must not contain unapproved medical food claims and may only contain medical food claims appearing on the Metagenics website.

Metagenics may review Customer’s website at any time and reserves the right to require Customer to make changes to it based upon use of any intellectual property owned or controlled by Metagenics in association with any disease claims, even if Metagenics has previously approved or accepted Customer’s website or the material displayed thereon. Metagenics may require Customer to make changes to Customer's website at any time to the extent Customer is using the Trademarks in a manner that violates applicable FDA or FTC regulations, any other applicable laws or regulations, or Metagenics policies.

Logos

The Metagenics logo may be used only in the special form supplied by Metagenics for use on the Internet; neither the file name nor the name of the image may be changed or modified from the original form supplied by Metagenics. It may be accompanied by a statement indicating "I (We) proudly offer [insert Metagenics Company Logo] products." No other statements may be affiliated with use of the logo.

Miscellaneous

Metagenics may, in its sole discretion, revise or eliminate this Policy at any time. Metagenics may also terminate Customer's non-exclusive, limited license to use the Trademarks at any time in its sole discretion upon written notice.

Any failure or delay by Metagenics in enforcing any provisions of this Policy or any of Metagenics rights in any of the Trademarks shall in no way be considered a waiver of such provisions or rights and shall in no way prevent Metagenics from enforcing the same at a later date.

Violations of Policy

All Customers who violate this Policy will receive ten (10) days' advance written notice from Metagenics that they are in violation of the Policy and therefore will no longer be able to purchase the Products after the end of the ten (10) day notice period. After the notice period, Customer will no longer be able to purchase the Products and Customer will no longer be authorized to use the Trademarks on Customer's Web site or in any other manner on the Internet. After the notice period, Customer will be required to immediately cease all use of the Trademarks on Customer's Web site or in any other manner on the Internet. Customers that correct their Web site to bring it into compliance with this Policy should promptly notify Metagenics. Metagenics will then review Customer's Web site. If Metagenics determines Customer has brought his or her site into compliance with this Policy, Customer's account will be reactivated so Customer may purchase the Products and use the Trademarks on Customer's Web site in accordance with this Policy. Metagenics has adopted zero- tolerance approach to this policy. Customer acknowledges that upon any subsequent breach of any provision of this Agreement, Metagenics may terminate Customer's account without notice. Once Customer has fallen out of compliance with this policy in any way and has received any written notice from Metagenics, then upon any subsequent breach Metagenics reserves the right to immediately terminate the Customer and require subscription to Meta-eHealth.com in order to continue/maintain any relationship with Customer. In the event thatCustomer desires to sell Metagenics’ products to Customer’s patients on the Internet subsequent to termination, then Customer shall be required to subscribe to Meta-eHealth.com. Customer will solely be responsible for all Meta-eHealth.com fees and for the merchant account.

Metagenics' Copyright Policy & Disclaimer

Thank you for visiting Metagenics' Web site. The content, arrangement and layout of this site, including, but not limited to, the trademarks and text, are proprietary to Metagenics, and should not be copied, imitated, reproduced, displayed, distributed, or transmitted without the express permission of Metagenics. Any unauthorized use of the content, arrangement or layout of the site, or the trademarks found in the site may violate civil or criminal laws, including, but not limited to, copyright and trademark laws.

The information provided in this web site may not be construed as medical advice. It is merely for educational purposes and its accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Metagenics' Customer Policy

To ensure proper use of Metagenics' high quality nutriceuticals, we only sell to licensed healthcare professionals. If you would like to become part of our family of customers, the applications in this section can be printed, filled out and faxed to our Customer Service Department. If you are in the territory of one of our three United States regional distributors, your information will be forwarded to your distributor.

If you are not a healthcare professional, we would be happy to provide you with the names and contact information of several practitioners in your area. If you are a practitioner and would like to be added to our referral list, please contact our office or that of your distributor.

Online Credit Card Fees

  • Visa/MasterCard: 2.9% + $0.30
  • American Express: 3.5% + $0.30