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Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING
TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE
THIS WEB SITE.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services
described or depicted on this Web site, www.nutrasource.com (this "Web Site"), are
subject to change at any time without notice. Certain weights, measures and similar
descriptions are approximate and are provided for convenience purposes only. Nutrasource
LLC. ("Nutrasource") makes all reasonable efforts to accurately display the attributes
of products, including the applicable colors; however, the actual color you see
will depend on your computer system, and we cannot guarantee that your computer
will accurately display such colors. The inclusion of any products or services on
this Web Site at a particular time does not imply or warrant that these products
or services will be available at any time. It is your responsibility to ascertain
and obey all applicable local, state, federal and international laws (including
minimum age requirements) in regard to the possession, use and sale of any item
purchased from this Web Site. By placing an order, you represent that the products
ordered will be used only in a lawful manner. All videocassettes, DVDs and similar
products sold are for private, home use (where no admission fee is charged), non-public
performance and may not be duplicated.
Promotions & Sale Pricing
· Promotional
Offers, Coupons, and Coupon Codes are not valid with any other promotional offer
or discount.
· All Promotional
Offers, Coupons, and Coupon Codes are subject to change without notice.
·Promotions can
only be used Once by A Registered User towards one valid purchase.
· Promotions Cannot
be interchangeable for Cash or any type of Currency
· Promotions must be
used or presented before transactions are made
· Other terms &
conditions may apply. Always check with Nutrasource.com before use.
Discount offers, including on sale promotional products, may not be combined with any other offers.
Promotional
Promotional
offers may not be combined with other sales, offers, and custom sales. Free
Shipping offers exclude ALL Protein Supplement Products. Free Shipping is only
offered to destinations within the Continental U.S.
AutoShipping
Customer agrees to charges for products based on the AutoShipping frequency
selected and will be in effect for all subsequent orders, unless canceled.
Unless modified by the customer, the credit card used to set up the initial
AutoShipping order will be charged for all subsequent orders and orders will not
be charged until they are shipped. By placing an AutoShipping order, you
authorize Nutrasource.com to charge your credit card for subsequent AutoShipping
orders. If you wish for any reason to cancel AutoShip prior to receiving 3
AutoShip orders, you will be automatically charged an amount equal to all our
prior shipping and processing fees for all your previously received orders at
their regular non Autoship pricing and shipping.
Payment and order information are available to you on the site as a registered
user. Credit cards and debit cards will be the only valid tender types accepted
for payment on AutoShipping orders. Gift certificates, E-gift certificates, gift
cards, checks, Bill Me Later, Google Check-out, Amazon Payments and PayPal will
not be accepted.
Actual order amount may vary due to changes in prices, promotions and shipping
amounts. Product prices will reflect pricing at time of shipment, including any
sale and promotional pricing. All promotions, outside of specified AutoShipping
Promotions, will not apply to AutoShipping items. Nutrasource.com reserves the
right to cancel any recurring orders due to incorrect AutoShipping product
pricing.
You must register with http://www.nutrasource.com in order to set up
Nutrasource.com AutoShipping shipments, and must have a valid email address.
You will be able to log-in to your MyAccount to modify your AutoShipping
shipments at any time. You are responsible for payment of all merchandise
shipped prior to cancellation request. You can cancel the AutoShipping program
at any time by logging into your My Account, accessing the respective Order
identified by ‘Autoships> Yes’ and choosing the option to ‘Cancel Autoship’. If
you have chosen not to create a My Account, please contact our Customer Support
team directly for assistance with canceling your AutoShippping. Canceling
anAutoShip will stop all future shipments of that particular product. To resume
receiving a product using the AutoShipping service, you must place a new order
for that product.
These terms cover any subsequent changes made to the AutoShipping order,
including but not limited to:
- Quality
- Pricing
- Frequency of shipment
- Credit card information (update existing or enter new card)
Shipping restrictions may apply. AutoShipping is not available for international
orders.
If an AutoShipping product is temporarily out of stock, you will receive an email
notification. If the order is not canceled, the product will be shipped when it
is in stock. Similarly, if an AutoShipping product is discontinued, you will be
notified by email and your AutoShipping shipment canceled if this is the only
product you have set up for AutoShipping.
These AutoShipping Terms & Conditions supplement the General Terms of Use and
Privacy Policy (which are incorporated herein by reference) and govern your use
of the AutoShipping program.
Nutrasource.com reserves the right to update or revise these AutoShipping Terms &
Conditions at any time. If Nutrasource.com makes material changes to these
AutoShipping Terms & Conditions, we will provide you notice by posting a notice
on this website for 30 days. (Please confirm if we’re able to place such a
notice on our site) If you do not accept these AutoShipping Terms & Conditions
or any changes proposed by us, your only remedy is to cancel your registration
for the AutoShipping program. You acknowledge that Nutrasource.com may elect in
its discretion to discontinue the AutoShipping program at any time.
Shipping Limitations
When an order is placed, it will be shipping to an address designated by the purchaser
as long as that shipping address is compliant with the shipping restrictions contained
on this Web Site. All purchases from this Web Site are made pursuant to a shipment
contract. As a result, risk of loss and title for items purchased from this Web
Site pass to you upon delivery of the items to the carrier. You are responsible
for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information
We attempt to ensure that information on this Web Site is complete, accurate and
current. Despite our efforts, the information on this Web Site may occasionally
be inaccurate, incomplete or out of date. We make no representation as to the completeness,
accuracy or correctness of any information on this Web Site. For example, products
included on this Web Site may be unavailable, may have different attributes than
those listed, or may actually carry a different price than that stated on this Web
Site. In addition, we may make changes in information about price and availability
without notice. While it is our practice to confirm orders by email, the receipt
of an email order confirmation does not constitute our acceptance of an order or
our confirmation of an offer to sell a product or service. We reserve the right,
without prior notice, to limit the order quantity on any product or service and/or
to refuse service to any customer. We also may require verification of information
prior to the acceptance and/or shipment of any order.
Use of this Web Site
The design of this Web Site and all text, graphics, information, content, and other
material displayed on or that can be downloaded from this Web Site are protected
by copyright, trademark and other laws and may not be used except as permitted in
these Terms and Conditions or with prior written permission of the owner of such
material. The software and other technology components of this Web Site are © 2011
Nutrasource LLC or its affiliates and suppliers. The contents of this Web Site are
© 20111, Nutrasource LLC., or their respective affiliates and suppliers. All rights
reserved. You may not modify the information or materials displayed on or that can
be downloaded from this Web Site in any way or reproduce or publicly display, perform,
or distribute or otherwise use any such information or materials for any public
or commercial purpose. Any unauthorized use of any such information or materials
may violate copyright laws, trademark laws, laws of privacy and publicity, and other
laws and regulations.
Trademarks
Certain trademarks, trade names, service marks and logos used or displayed on this
Web Site are registered and unregistered trademarks, trade names and service marks
of Nutrasource and its affiliates. Other trademarks, trade names and service marks
used or displayed on this Web Site are the registered and unregistered trademarks,
trade names and service marks of their respective owners, including GSI and its
affiliates. Nothing contained on this Web Site grants or should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use any
trademarks, trade names, service marks or logos displayed on this Web Site without
the written permission of Nutrasource or such other owner.
Linking to this Web Site
Creating or maintaining any link from another Web site to any page on this Web Site
without our prior written permission is prohibited. Running or displaying this Web
Site or any information or material displayed on this Web Site in frames or through
similar means on another Web site without our prior written permission is prohibited.
Any permitted links to this Web Site must comply will all applicable laws, rule
and regulations.
Third Party Links
From time to time, this Web Site may contain links to Web sites that are not owned,
operated or controlled by Nutrasource or its respective affiliates. All such links
are provided solely as a convenience to you. If you use these links, you will leave
this Web Site. Neither we nor any of our respective affiliates are responsible for
any content, materials or other information located on or accessible from any other
Web site. Neither we nor any of our respective affiliates endorse, guarantee, or
make any representations or warranties regarding any other Web sites, or any content,
materials or other information located or accessible from any other Web sites, or
the results that you may obtain from using any other Web sites. If you decide to
access any other Web sites linked to or from this Web Site, you do so entirely at
your own risk.
Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory,
libelous, obscene, pornographic or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense or give rise to
civil liability, or otherwise violate any law. In addition to any remedies that
we may have at law or in equity, if we determine, in our sole discretion, that you
have violated or are likely to violate the foregoing prohibitions, we may take any
action we deem necessary to cure or prevent the violation, including without limitation,
the immediate removal of the related materials from this Web Site. We will fully
cooperate with any law enforcement authorities or court order or subpoena requesting
or directing us to disclose the identity of anyone posting such materials.
User Information
Other than personally identifiable information, which is subject to this Web Site's
Privacy Statement, any material, information, suggestions, ideas, concepts, know-how,
techniques, questions, comments or other communication you transmit or post to this
Web Site in any manner ("User Communications") is and will be considered non-confidential
and non-proprietary. Personally identifiable information that you voluntarily post
on any part of this Web Site that is viewable by the public (e.g., in the Customer
Reviews section) is not subject to this Web Site's Privacy Statement and is considered
User Communications. We and our respective affiliates and our or their designees
may use any or all User Communications for any purpose whatsoever, including, without
limitation, reproduction, transmission, disclosure, publication, broadcast, development,
manufacturing and/or marketing in any manner whatsoever for any or all commercial
or non-commercial purposes. We may, but are not obligated to, monitor or review
any User Communications. We will have no obligation to use, return, review, or respond
to any User Communications. We will have no liability related to the content of
any such User Communications, whether or not arising under the laws of copyright,
libel, privacy, obscenity, or otherwise. We retain the right to remove any or all
User Communications that includes any material we deem inappropriate or unacceptable.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED
ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY. NEITHER NUTRASOURCE NOR ANY OF ITS RESPECTIVE AFFILIATES
WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED
ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON
OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER NUTRASOURCE NOR ANY OF
THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH
INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES
DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY
TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND
SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH
THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY
DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL
WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS"
IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY
Nutrasource does not assume any responsibility, or will be liable, for any damages
to, or any viruses that may infect, your computer, telecommunication equipment,
or other property caused by or arising from your access to, use of, or browsing
this Web Site, or your downloading of any information or materials from this Web
Site. IN NO EVENT WILL NUTRASOURCE, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY
INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE,
OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL
LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE
PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE
THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER
OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY,
OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE
RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating
this posting. You should visit this page from time to time to review the then current
Terms and Conditions because they are binding on you. Certain provisions of these
Terms and Conditions may be superseded by legal notices or terms located on particular
pages of this Web Site.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and Nutrasource
to the extent necessary to resolve any inconsistency or ambiguity between them.
These Terms and Conditions will be governed by and construed in accordance with
the laws of the state of Florida, without giving effect to any principles of conflicts
of laws. Any action seeking legal or equitable relief arising out of or relating
to this Web Site will be brought only in the federal or state courts of the state
of Florida. A printed version of these Terms and Conditions will be admissible in
judicial and administrative proceedings based upon or relating to these Terms and
Conditions to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
Termination
You or we may suspend or terminate your account or your use of this Web Site at any
time, for any reason or for no reason. You are personally liable for any orders
placed or charges incurred through your account prior to termination. We reserve
the right to change, suspend, or discontinue all or any aspect of this Web Site
at any time without notice.
Health Related Information
The information contained in the Web Site is provided for informational purposes
only and is not meant to substitute for the advice provided by your doctor or other
health care professional. You should not use the information available on or through
the Web Site (including, but not limited to, information that may be provided on
the Web Site by healthcare or nutrition professionals employed by or contracting
with Nutrasource) for diagnosing or treating a health problem or disease, or prescribing
any medication. Information and statements regarding dietary supplements have not
been evaluated by the Food and Drug Administration and are not intended to diagnose,
treat, cure, or prevent any disease. You should read carefully all product packaging
prior to use.
Indemnity
You agree to indemnify and hold Nutrasource and our parents, affiliates (and their
franchisees and licensees), and subsidiaries, officers, directors, employees, successors
and assigns, harmless from any claim, loss or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of our Web Site,
your connection to our Web Site, your violation of these Terms and Conditions, or
your violation of any rights of another party. This indemnity survives termination
of these Terms and Conditions.
Domestic Use; Export Restriction
We control the Web Site from our offices within the United States of America. We
make no representation that the Web Site or its content (including, without limitation,
any products or services available on or through the Web Site) are appropriate or
available for use in other locations. Users who access the Web Site from outside
the United States of America do so on their own initiative and must bear all responsibility
for compliance with local laws, if applicable. Further, the United States export
control laws prohibit the export of certain technical data and software to certain
territories. No content from the Web Site may be downloaded in violation of United
States law.
General
Our failure to exercise or enforce any right or provision of these Terms and Conditions
shall not constitute a waiver of such right or provision by us. If any provision
of these Terms and Conditions is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other provisions
of our Terms and Conditions remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Web Site or our Terms and Conditions must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have
any questions or comments, we invite you to contact us at Nutrasource, Marketing
Department - 1395 Brickell Ave Suite 800 Miami, FL 33131, Attn: Privacy Manager
or e-mail us at privacy concerns (at) nutrasource.com. Alternatively, you may call
us toll-free at 1.800.906.0107.
These Terms and Conditions were last updated on January 4, 2011.
