User Terms and Conditions for www.nutriologyus.com
NUTRIOLOGY LLC, a Florida limited liability company (hereinafter, “Nutriology”, or the “Company”), and its website, www.nutriologyus.com (hereinafter referred to as, the “Website” or the “Site”), provides its products to you subject to the following conditions. Please read these Terms and Conditions (the “Terms”) carefully before accessing or using the Site. By accessing, registering for or using the Site, or purchasing products through the Site, you agree to be bound by these Terms and Conditions, which are as follows:
Where appropriate, Nutriology is referred to below as “we,” “us,” “our,” or “Company.” The term “you” refers to the user, subscriber or viewer of our Website.
PERMISSIBLE USE OF WEBSITE
You agree that:
(a) Your use of the Nutriology Site is subject to and governed by these terms and conditions;
(b) Only persons at least 18 years of age may access or use the Website or transact business with Nutriology;
(c) You will comply with and be bound by these terms and conditions in their then-current form as they appear on the Site each time you access and use the Nutriology Site;
(d) Each visit to Nutriology by you indicates and confirms your assent and agreement to be bound by our terms and conditions; and
(e) These terms and conditions are a legally binding and enforceable agreement between yourself and Nutriology.
You agree not to use or attempt to use Nutriology for any purpose that:
(a) is in any way unauthorized, unlawful or prohibited, or that is harmful or destructive to Nutriology or any third party;
(b) transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited e-mail, or other unsolicited commercial communications;
(c) transmits any harmful or disabling computer codes, spyware, adware or viruses;
(d) interferes with Nutriology’s network services;
(e) attempts to gain unauthorized access to Nutriology’s network services or proprietary information;
(f) impairs or limits Nutriology’s ability to operate the Site or any other person’s ability to access and use the Site;
(g) uses any methods, means, or devices to access the Site or cause access to the Site for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with Nutriology;
(h) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(i) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(j) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(k) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(l) dilutes or depreciates the name and reputation of Nutriology or any of its officers, agents, representatives or affiliates;
(m) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or
(n) unlawfully uploads any confidential, proprietary or trade secret information.
Nutriology reserves the right to establish general practices and limits concerning use of the Site, including without limitation restrictions relating to products requested, the maximum number of days that messages, postings or other uploaded Content will be retained by the Site, the number of times you can edit a service request, the maximum size of any message that may be sent from or received by an account on the Site, the type and quantity of transactional data stored and presented in connection with your account, and the maximum disk space that will be allotted on Nutriology’s servers on your behalf. You agree that Nutriology has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted on the Site.
REVOCATION OF USER RIGHTS
Nutriology reserves the right at all times, in its sole and absolute discretion and without notice to you, to deny your access to and use of the Nutriology Site. You may not use Nutriology or any affiliated Site to transmit unsolicited e-mail to this Site or to anyone whose e-mail address is included under the domain name of Nutriology or any affiliated Site. Violation of these Terms and Conditions may result in a variety of actions, including cancellation of your order, limits on account privileges, and forfeiture of fees paid to Nutriology.
You agree and acknowledge that it is your sole responsibility and liability, to provide, obtain and maintain all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary to access and use the Nutriology Site.
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nutriology has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nutriology has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Before ordering a product via the Nutriology platform, all users must register through the Website. Nutriology currently offers a variety of nutritional supplements and vitamins for sale on our platform. There is currently no fee for registering as a user of Nutriology. Nutriology maintains the right to charge or change the prices of individual products or product packages, to charge any additional fees related to any product or the sale or delivery of any product Nutriology may choose to offer. In the event that Nutriology chooses to make any modifications or charge any additional fees, Nutriology will inform you of any such changes prior to their implementation. You can find the specific details regarding your registration with us, the permissions, rights and limitations thereto at any time on your account page. Simply sign in to your Nutriology account, and go to the Profile tab. Registration information as well as the rights and limitations thereto is provided on www.nutriologyus.com.
By ordering items with Nutriology, you are expressly agreeing that we are authorized to charge you a fee for any product which you may select, as well as any associated service fees which may apply. You agree that we are authorized to charge you for any product order at the then-current rate to a Payment Method you provide either during registration or upon placing a specific order (or to a different Payment Method you specify if you change your account information or select an alternative Payment Method at the time of purchase). Please note that prices and charges are subject to change with notice prior to placing your order. As used in these Terms and Conditions, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. Product purchase fees will be billed at the time of purchase. You will be able to view billing information and order history via your Nutriology account, accessible through the Website. All fees and charges are charged up front at the time of ordering, and are fully earned upon receipt of your order.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes on the Website and/or by way of an e-mail from us to your designated e-mail address. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Account Management page. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
- Ongoing Registration
Your Nutriology registration will continue in effect unless and until you cancel your registration or we terminate it. We will bill any charges or fees at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). All fees are fully earned upon payment.
You may cancel your Nutriology membership at any time, and cancellation will be effective immediately. However, to receive a refund of any payment made by you for an order, such refund or cancellation must be in compliance with our refund policy, found here. We do not provide any other refunds, exchanges, or credits of any kind. To cancel your membership, sign in to your account and follow the instructions for cancellation.
- Advanced Payment for Products. Orders are billed in advance.
USER SUBMITTED CONTENT
Nutriology does not pre-screen Content, but reserves the right in its sole discretion to remove any Content that is made publicly available by you via the Site. Nutriology reserves the right to remove any Content for any reason, including without limitation, Content that reasonably appears to violate our Terms and Conditions or is otherwise objectionable.
By uploading Content to our Site, you agree:
(i) All information submitted to the Site will be genuine and authentic, and any indicated origin, source, creator, manufacturer, and/or provenance will be true and accurate;
(ii) That you own or have the necessary licenses, rights, consents and permissions (“Rights”) to your Content and any other works that you incorporate into your Content, and you authorize and license Nutriology to use your Content in the manner contemplated in these Terms and Conditions; and
(iii) That you will provide true, accurate, current and complete information, and to make any and all disclosures required under applicable law.
By submitting your Content to Nutriology, you hereby grant Nutriology and its affiliates a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses to (i) host, cache, store, archive, index, crawl, create algorithms based on, or modify your Content to appropriate media formats or mediums in any and all forms and by whatever means; (ii) to use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, display, modify, adapt, edit, excerpt, communicate, translate, prepare derivative works and compilations of, compress, transmit, integrate, insert, market and promote your Content in any and all forms and media and by whatever means, and to exploit any and all rights relating thereto and derived therefrom; and (iii) to use your Content, in whole or in part, for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, reproduce and distribute your Content in any and all forms and media and by whatever means whether now known or hereafter devised or created, to exploit any and all rights relating thereto and derived therefrom, and to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.
The placement of a Nutriology order does not constitute a binding agreement for Nutriology to provide products until accepted by both parties. You agree that we may communicate with you via Text Message or email, or by phone about your order. All such actions should be conducted pursuant to local state, federal or county laws.
By clicking on the ‘Place Order’ button at the end of the order process, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on our Site. Submitting your order is subject to our acceptance. We will not consider ourselves bound by a contract with you until you receive our confirmation email. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide, as well as provide an estimated delivery time. All orders will be delivered within the time frame set forth in the confirmation email, subject to delay from the shipping company, which is out of our control. To avoid problems or delays with delivery, please ensure that you have included your complete address, including accurate zip code and telephone number and e-mail address so that we can notify you in the event that any delivery problems are encountered. Also include any gate access code (if applicable). You may be required to sign a confirmation receipt upon delivery confirming that the order was received correctly. Complaints as to missing or incorrect items must be made within 24 hours of delivery. Please check your order carefully.
If, for any reason, you wish to change or cancel your order you can do so by contact us via email at firstname.lastname@example.org. Changes or cancellations must be made no later than 48 hours prior to shipping in order to receive a full refund. Cancellations after such 48 hour time frame are not subject to refunds or exchanges.
INTELLECTUAL PROPERTY RIGHTS
The marks appearing on the Nutriology Website or any affiliated Site, including, but not limited to, Nutriology’s respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks of Nutriology (the “Marks”). You agree not to use or otherwise appropriate any of Nutriology’s Marks appearing on or in association with Nutriology or any affiliated Site. You will further indemnify Nutriology against any loss or damage accruing to it as a result of your unauthorized use of the Nutriology Marks, including the payment of any attorney’s fees.
Any third-party trademarks and/or service marks appearing on Nutriology are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with Nutriology, and you assume any and all liability associated with any unauthorized use. You will further indemnify Nutriology against any loss or damage accruing to it as a result of any unauthorized use, including the payment of any attorney’s fees.
You further acknowledge and agree that:
(a) all Marks, source code, calculations, products, photographs, images, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of Nutriology (the “Website Content”) are protected by various intellectual property laws in the United States and abroad, including, but not limited to, copyright law, trademark law, and common law principles of trade secret and trade dress; and
(b) all rights associated with the Website Content are owned by Nutriology, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Website Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Website Content.
You may not use the Website Content, domain names (in whole or in part), or e-mail addresses related to or derived from Nutriology, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from Nutriology, for any purpose; meaning that you may not, among other prohibited uses, use any Website Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from Nutriology:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other website including, but not limited to, critical, comparative, or informational websites; and/or
- as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as Nutriology or controls the content of any other Internet browser window.
DIGITAL MILLENNIUM COPYRIGHT ACT
Nutriology is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on Nutriology infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on Nutriology infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to the following address:
12550 Biscayne Blvd Ste 110
Miami, FL 33181
LIMITATION OF LIABILITY
Any communications or interactions between yourself and with third party service providers or advertisers on or through the Nutriology Site, including payment for and delivery of products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such service provider. You acknowledge and agree that Nutriology is not responsible for the acts or omissions of its unaffiliated third party service providers and shall bear no responsibility (financial or otherwise) as a result of any action or inaction on the part of any third party with respect to your contact information, and/or any Product or Service ordered or provided by the Site. Furthermore, Nutriology shall not be responsible or liable for any loss or damage, injury, or claim of any sort incurred as the result of any occurrence by a third party, including but not limited to damage during shipping.
In the event that you have a problem or issue with a third party service provider or incur damage as a result of third party action or inaction for any reason, we are not responsible in any capacity, nor are we obligated to act on your behalf, or represent you in any manner or capacity, before the third party service provider. In the event that your personal data is misused by any third party, Nutriology shall bear no responsibility for such unauthorized dissemination, and shall not be liable in any way for the actions of any third party which may receive your contact information. In the event of a dispute between yourself and a third party service providers involved in fulfilling your order or in the event of injury or damage caused by a third party service provider, you hereby expressly release Nutriology (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By agreeing to these Terms you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. By accepting these terms you agree that your only recourse for the recovery of claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, shall be from the third party service providers directly.
Nutriology does not assume responsibility to verify the age of individuals submitting registration forms. However, Nutriology reserves the right to request supporting information to verify the age of any individual submitting a registration form.
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites. From time to time this Site may include links to third party websites. These links are provided for your convenience to offer you further information on products and services. We have no responsibility for the content of the linked website(s). Unless expressly stated otherwise on this Site, Nutriology does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any third party web sites to which this Site may provide a link or may put you in contact with. By using this Site you acknowledge and agree that Nutriology will not be responsible or liable to you or any other person for any damages or claims that might result from your access and use of such third party content, Product and/or Service, calculation, information, products or materials.
You agree and acknowledge that we may revise or change these Terms and Conditions at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms and Conditions as they appear on this Site at the time you access this Site. Because these Terms and Conditions may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, Products and Services, and materials on or available through this Site are subject to updating, cancellation and/or revision without notice to you. Nutriology reserves the exclusive right to change pricing, at any time, with 10 days’ prior notice. These Terms and Conditions were last revised on May 20th, 2019.
You understand and acknowledge that Nutriology controls and operates this Site from within the United States of America. This Site provides information regarding products that are made available only in the United States. We make no representation that the products about which information may be provided on this Site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Site.
USER IDs AND PASSWORDS
Certain areas or features of this Site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Site. Additionally, in order to receive information from regarding the Products, you will be required to complete the registration process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities (including financial obligations and orders placed) that occur under your account or password. You agree to notify Nutriology immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of this Site employ technologies to secure your data and the transmissions between you and Nutriology, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
PRIVACY AND SECURITY
Required Information: We identify what information is required to fulfill your order, and to provide you with additional information from third parties regarding the Products. If you chose not to provide such required information, we may not be able to fulfill your order or provide you with additional information.
Service Providers: In some cases, we employ or use service providers such as consultants, temporary workers and third party shipping companies, to complete a business process or provide a service on our behalf. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.
Legal Disclosures: In some instances we may be required to disclose certain information to comply with a legal process or mandate, such as a court order, subpoena, search warrant, or law enforcement request.
Web Site Usage Data: Our Site tracks usage data, including, for example, IP address, browser type and version, which pages are viewed, which page, if any, linked a visitor to our site, and which link, if any, a visitor follows off of our Site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to Nutriology.
COPPA. Our Site is not designed to appeal to children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information from children.
If you make any unauthorized use of this Site or violate the Terms and Conditions: (a) you may be in violation of the laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Nutriology and/or its Site. You agree to indemnify Nutriology and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site, your registration and/or your breach/violation of or failure to comply with the Terms and Conditions.
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NUTRIOLOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. NUTRIOLOGY HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE.
YOU ACKNOWLEDGE AND AGREE THAT NUTRIOLOGY IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION, OR WITH ANY PRODUCT OR SERVICE ORDERED THROUGH THIS SITE, OR WITH THE HANDLING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES. AS TO THE OPERATION OF THIS SITE, Nutriology EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NUTRIOLOGY MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT NUTRIOLOGY, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE.
NUTRIOLOGY NOT LIABLE
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL NUTRIOLOGY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES OFFERED BY US, VENUES OR OTHER THIRD PARTIES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT NUTRIOLOGY SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL NUTRIOLOGY’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS SITE.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this Site, instant messenger chat or via e-mail, do not use the Site, instant messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Site, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Site, instant messenger, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Site, instant messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our employee’s employment. The Company does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to Nutriology. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law.
Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail or furnished by third parties and the Company makes no warranties, express or implied, with respect to such data or information.
Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Nutriology, you may opt-out by sending an e-mail to Nutriology.
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS OR THE SITE ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
You acknowledge that certain features of this Site, as well other products and services of Nutriology, including those that may be available through this Site, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
Permission to Be Contacted: By submitting information to Nutriology through the Site or otherwise, you are making an inquiry as to Products and Services offered by Nutriology or any of its unaffiliated third parties, and give Nutriology and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
Permission to Share Your Information: When you “submit” information through the Nutriology Site or otherwise, Nutriology may send your information to third party affiliates for purposes of fulfilling your order.
Reasonable Efforts: Nutriology is not responsible for delays resulting from third parties.
You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.