Terms of Service
The Company reserves the right to modify these Terms at any time with or without notice. You agree to be bound by the most recent version of the Terms available on the website. These Terms were last updated on October 24, 2017.
NOTHING FOUND ON THE SITE IS INTENDED TO PROVIDE ANY MEDICAL, NUTRITIONAL, OR DIETARY ADVICE. YOU SHOULD ALWAYS CONSULT A MEDICAL PROFESSIONAL IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR NUTRITION.
THE SUPPLEMENTS FOUND ON THE SITE MAY NOT BE USED BY PERSONS USING CERTAIN MEDICATIONS. YOU AGREE TO READ ALL WARNINGS ON THE SITE AND THAT ANY PURCHASE YOU MAKE IS SUBJECT TO YOUR AGREEMENT NOT TO USE ANY CONTRAINDICATED MEDICINE OR SUPPLEMENT.
1. Your Use of the Site
(a) By accessing the Site in any way, you represent that (i) you are at least eighteen years of age (ii) all information you submit to the Site, including shipping and billing information, is complete, accurate and truthful, and (iii) you will maintain the accuracy of such information at all times.
(b) The Company grants you a limited, non-transferable, non-exclusive, personal license to use the Site for personal, non-commercial reasons subject to your compliance with these Terms (the “License”). Your License (and thus your use of and access to the Site) may be terminated, suspended, or limited at any time, and without notice, by the Company. Without limiting the generality of the foregoing, you agree not to:
(i) Rely on the Site for medical, nutritional, or dietary advice or instruction and to seek the advice of a licensed medical professional before relying on any content found on the Site.
(ii) Use any of the products available for purchase on the site (collectively, “Products”) for any purpose other than as indicated on the Site. You will not purchase any Product if it is illegal or controlled in your jurisdiction.
(iii) Transmit through the Site any false, infringing, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material or content.
(iiii) Use the Site for any purpose that is illegal or in breach of any contract or agreement to which you are a party.
(v) Use the Site to harass or defame others.
(vi) Data-mine the Site or its content.
(vii) Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or its content.
(viii) Modify, distribute, reproduce, or otherwise create derivative works of any part of the Site or its content.
(ix) Interfere with the Site’s accessibility, up-time, connectivity, or security.
2. Products and Ordering
(a) The Site has Products available for Purchase. Product availability and pricing is subject to change at any time. We cannot guarantee that any Product will be in stock at any given time.
(b) The Company attempts to display correct Product information but information may, at times, be out of date or inaccurate. In addition, the color of Products may appear slightly different in photos. The Company will have no liability whatsoever for any inaccuracy in any Product listing.
(c) We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time.
(d) We do not warrant that the quality of any Products or that such will meet your expectations, or that any errors in the Site will be corrected.
(e) We use commercially reasonable efforts to deliver Products through the mail as scheduled, but scheduled deliveries cannot be guaranteed. You bear the risk of loss for all Products once shipped.
(f) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(g) You agree to provide current, complete and accurate purchase and account information for all purchases made through the site. You hereby authorize the Company, through its third party payment processors (which may include PayPal) to charge your credit card or other supplied payment information for any purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You will be responsible for paying any sales tax or other taxes or duties that are required in the state or jurisdiction to which we will ship your products.
(a) We may provide returns and refunds in accordance with our Return and Refund Policy, as posted on the Site and subject to change from time to time.
(a) The Site may allow you to create a user account for purposes of ordering Products and accessing certain services. Accounts are for personal use only and may not be shared. You agree to keep your username and password secure and to be responsible for any use of your account.
(b) The Company reserves the right to terminate your user account at any time and for any reason whatsoever.
4. Site Content
(a) The Site content, including text, graphics, images, and videos (collectively, “Site Content”) is the exclusive property of the Company or is licensed to the Company, as applicable. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Without limiting the generality of this Section 4(a), you agree not to modify, reproduce, sell, sub-license, make derivatives of, or otherwise use any of the content of the Site.
(b) By posting any review or other content to the Site (collectively, “User Content”) you agree to grant the Company a perpetual, royalty free, sub-licensable world-wide license to use, promote, publish, and display the User Content.
5. NO WARRANTIES; LIMITATION OF LIABILITY
(a) THE SITE IS NOT A SUBSTITUE FOR MEDICAL TREATMENT. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911.
(b) THE COMPANY PROVIDES THE SITE “AS-IS” AND “WHERE-IS”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION), ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, QUANTATITY, ACCURACY, OR NON-INFRINGEMENT. THE COMPANY CANNOT AND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ANY PRODUCT PURCHASED THROUGH THE SITE WILL MEET YOU SPECIFIC NEEDS.
(c) YOU AGREE TO USE THE PRODUCTS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WHATSOEVER SHALL THE COMPANY OR THE COMPANY AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR USE OF, OR RELIANCE ON, ANY PRODUCTS MADE AVAILABLE BY THE COMPANY OR THROUGH THE SITE. WITHOUT LIMITTING THE GENERALITY OF THIS SECTION 5(B), YOUR TOTAL AGGREGATE DAMAGES FOR ALL CLAIMS AGAINST THE COMPANY SHALL BE LIMITTED TO THE AMOUNTS YOU PAID TO THE COMPANY FOR PRODUCTS PURCHASED DURING THE 12 MONTHS PRECEDING ANY CLAIM.
(d) YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS OWNERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “COMPANY AFFILIATES”) FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR BREACH OF THESE TERMS, YOUR USE OF ANY PRODUCT, OR YOUR RELIANCE ON ANY SITE RELATED CONTENT.
6. ADDITIONAL TERMS
(a)When you purchase a Product on the Site, you hereby also agree to receive emailed newsletters from the Company. You may opt out of these at any time by following the appropriate opt-out link in any newsletter.
(b) You agree to receive certain notifications, disclosures and documents related to the Site, the Company, and the Products electronically.
(c) These Terms shall be governed by the law of the State of Florida. Any dispute arising hereunder, related to your use of the Site, or related to your use of any Product, shall be brought exclusively in the state or federal courts located in Brevard County, Florida. YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LITIGIATION. RATHER, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND THE COMPANY WILL BE RESOLVED IN AN INDIVIDUAL ACTION.
(e) Any failure or delay of either party to enforce any rights accruing under these Terms shall not be deemed a waiver of such rights.
(f) The Company is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If the Company receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
(g) We welcome comments, questions and suggestions. Please contact us at firstname.lastname@example.org.