TERMS OF SERVICE AND USE AGREEMENT
Last updated: Oct. 1, 2016.
Please read these Terms of Service carefully before using the http://www.mynutraceuticals.com website operated by My Nutraceuticals. Your access to, and the use of, the Service is conditioned on your acceptance of, and compliance, with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
The My Nutraceuticals Terms of Service (TOS) govern you and the customers use of this site, which is made available by our Company. By accessing this site, you acknowledge and accept the Terms of Serviceand Use Agreement. The Terms of Service are subject to change at any time at My Nutraceuticals discretion. Terms of Service in effect at the time of each new order or delivery shall be those on the website at the time of such order or delivery. Consumers, after such changes, are responsible for reading the Terms of Service, and by clicking the “I agree to the Terms of Service” button during checkout show their acknowledgment and agreement to the Terms of Service. Please review these Terms of Service regularly.
ACCESS TO THIS SITE
You must be eighteen (18) years of age to access the My Nutraceuticals website. If you are under eighteen years of age, you are not permitted to access this website for any reason. Due to the age restrictions for use of the My Nutraceuticals website, no information obtained by this site falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
To access My Nutraceuticals or the resources it has to offer, a consumer may be asked to provide certain registration details or other information. It is a requirement for your use of this site that all the information provided by you is correct, complete, and up-to-date. If My Nutraceuticals has reason to believe the information provided is not correct, complete or up-to-date, we have the right to refuse access to this site or any of its resources, and to terminate or suspend your access at any time, and without notice.
RESTRICTIONS ON USE
You, the consumer, may use the My Nutraceuticals site for purposes expressly permitted by this site. This site may not be used for commercial purposes, without prior written consent by the My Nutraceuticals Company. This site is not to be used for any other purposes other than the intended purpose by My Nutraceuticals. Examples included: You may not authorize any other party to (1) co-brand this site, (2) frame this site, or (3) hyperlink to this site, without the express prior written permission of an authorized representative of My Nutraceuticals. The term “co-branding” refers to any displaying of a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or any content therein accessible within the My Nutraceuticals site. You, the consumer, agree to cooperate with our company in preventing any unauthorized co-branding, framing, or hyperlinking, and causing it to immediately cease.
All content and/or material (herein referred to as the “Content”) accessible from the My Nutraceuticals site, and any other worldwide website owned, licensed, controlled, or operated by My Nutraceuticals is the proprietary information of our company or the party that provided the Content to our Company, and our Company or the party that provided the Content to My Nutraceuticals retains all title, right, and interest in the Content. Accordingly, any Content may not be republished, distributed, uploaded, posted, copied, or transmitted in any way without the prior written consent of My Nutraceuticals, or unless authorized in writing elsewhere on our site. You may print out a copy of the Consent to be used solely for your personal use.
For personal use, a consumer may not alter or remove, or cause to be altered or removed, any trademark, trade name, service mark, copyright, or any proprietary notice or legend contained in any of the My Nutraceuticals Content. It is a violation of our Company’s intellectual property rights for a customer to modify or use any content contained within the site, except as expressly provided in these Terms of Service.
You, the consumer, understands that My Nutraceuticals cannot and does not guarantee or warrant any files made available for downloading from the Internet will be free of Trojans, viruses, worms or other code that may result in destructive or contaminated properties. You are responsible for implementing adequate security measures and procedures for your particular requirements for accuracy of data input and output, and for maintaining a means external to our site for the reconstruction of any lost data. My Nutraceuticals does not assume any responsibilities or risk for your use of the Internet.
The Website content may not necessarily be current and complete, and should not be used to replace any written reports, notices, or statements provided by our company. Consumers, investors, and any other persons should use the Content in the same manner as any other educational medium, and should rely on the Content to the exclusion of their own professional judgment. Any information obtained by using our site does not cover all issues, topics, or facts that may be relevant to your needs or goals. All information contained on our site is by no means exhaustive.
Use of the My Nutraceuticals site is at your own risk. All content is provided for customers “AS IS” and without any warranties of any kind, either implied, or expressed. Our Company disclaims all warranties, including any implied warranties of merchant ability, title, fitness for a particular purpose, or non-infringement. Our Company does not guarantee uninterrupted or error-free content, or the functions contained herein on this site. We do not guarantee that defects will be corrected, or that the site or server that makes this available are free of harmful components, such as viruses. Our Company does not make any representation or guarantees regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise.
The website content may possibly encompass typographical errors, technical inaccuracies, and My Nutraceuticals may make changes or improvements at any time. You, the consumer, and not our Company, My Nutraceuticals, assume the entire cost of all necessary repairs, correction, or servicing due to any loss or damage resulting from the use of this site or its content. Our Company makes no guarantees that the use of the content will not infringe the rights of others, and assumes no responsibility or liability for errors or omissions in such content.
This site may contain information that is historical in nature, current information, or upcoming and future information. All of this provided information is for the date when it is posted on this site and My Nutraceuticals does not take responsibility or obligation to update or remove such information after it is posted, regardless of whether it is, or is no longer, accurate or complete.
LIMITATION ON LIABILITY
This Company, its subsidiaries, affiliates, licensors, content providers, service providers, agents, employees, officers, directors, and owners will not be liable for any incidental, direct or indirect, punitive, actual, consequential, special, exemplary, or other damage, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the Company has been advised of the possibility of such damages, and in any event the collective liability of the Company and its subsidiaries, affiliates, licensors, content providers, service providers, agents, employees, officers, directors, and owners, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceeds the greater of $100 or the amount you have paid to the company for the applicable content, product or service out of which liability occurred and resulted.
You, the consumer, will indemnify and hold the Company, My Nutraceuticals, its subsidiaries, affiliates, licensors, content providers, service providers, agents, employees, officers, contractors, directors, and owners (herein known as the “Indemnified Parties”) harmless from any breach of these Terms of Service by you, including any Use of Content other than expressly authorized in these Terms of Service. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Any and all trademarks, logos and service marks appearing in this site are the sole property of the Company, My Nutraceuticals, or the party that provided the trademark, logos or service marks to the Company. The Company and any party that provided trademarks, logos or service marks to the Company retain all rights with respect to any of their respective trademarks, logos, or service marks appearing on this site.
INFORMATION PROVIDED BY THE CUSTOMER
The customer or any visitor to our Company site, may not post, submit, transmit, publish, or send in connection with this site any material that:
is not directly related to this site
violates any law or may be considered to violate any law
you do not have the right or permission to post, including proprietary material of any third party
is vulgar, indecent, pornographic or obscene
promotes or advocates illegal activity or discusses an intent to commit an illegal act
solicits sponsors, funds, or advertisers
disrupts the normal flow of dialogue, causes a screen to scroll quicker than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities through or on this site
intends or seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
includes MP3 format files
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity
threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive
amounts to a pyramid or similar scheme
impersonates or misrepresents your connection to any other entity or person, or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g. offering for sale products or services) or otherwise engages in any commercial activity (e.g. conducting raffles, contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site
contains hyperlinks to other sites that contain content that falls within the descriptions set forth above
does not follow policies or regulations set forth from time to time regarding use of this site or any network connected to this site
includes programs which contain viruses, Trojan horses and/or worms, spybots, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
My Nutraceuticals is under no obligation, but reserves the right to monitor use of this site to determine compliance with these Terms of Service and Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by the Company or such third party with respect to any submission.
My Nutraceuticals has the right and may monitor your password and, at its discretion, require you to change it. Any passwords used for this site are strictly for individual use only. You are responsible for the security of your password (if any is required). The Company may also consider a password insecure and is entitled to require the password to be changed and/or terminate your account.
The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. Therefore, you are prohibited from using any such service or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. If you are or become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
My Nutraceuticals reserves all rights to investigate any suspected violators of these Terms of Service. My Nutraceuticals reserves all rights to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any email messages or publishing or otherwise making available any materials that are believed to violate these Terms of Service.
By accepting this agreement, you, the consumer, waive and hold harmless My Nutraceuticals, or any related subsidiary company, from any claims resulting from any actions taken by the Company during, or as a result of, its investigations and/or from any actions taken as a consequence of investigations by either Company or law enforcement authorities.
Any disputes or claims relating in any way to your use of any My Nutraceuticals service, or to any products or services sold or distributed by My Nutraceuticals, any subsidiary of My Nutraceuticals, or through MyNutraceuticals.com, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
The arbitration will be conducted in the State of Colorado by My Nutraceuticals choice of arbitrator with an unbiased stand. Payment of all filing, administrative, and arbitrator fees will be governed by the arbitrator’s rules. My Nutraceuticals will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the State of Colorado, or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you, or the Company, may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms of Service will be governed and interpreted pursuant to the laws of Colorado, and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Service is unlawful, void or nonenforceable, that part will be deemed severable, and will not affect the validity and enforce ability of any remaining provisions. These Terms of Service constitute the entire Agreement among the parties relating to this subject matter.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
The Company may revise these Terms of Service and Use at any time by updating this posting.