We at NutraFocus, Inc., the operators of NutraFocusMD.com, have created these terms of service (“Terms of Service”, “Terms”) to guide user interactions with NutraFocusMD.com and any other associated websites, parent companies, subsidiaries and affiliates (collectively “NutraFocus”, “Company”, “we”, “us”, “our”). NutraFocusMD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing products, content or other services from us (collectively, our “Services”), you agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Therefore, please read these Terms of Service carefully before accessing or using our website. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL CONDITIONS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
NutraFocus does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Company does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Total Satisfaction Policy.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services are subject to change at anytime without notice, at our sole discretion. We reserve the right to modify, update, interrupt, suspend or discontinue any Service at any time. Any offer for any Service made on this site is void where prohibited.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
For more detail, please review our Total Satisfaction Policy.
SECTION 6 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 - CONTENT
“Content” may be described as, but not limited to, any text, images, videos, audio, drawings or graphics, design, data, and trademarks. Any content not defined as User Content (similar forms of content submitted to NutraFocus by any user for any purpose; see below) is owned or otherwise used with permission of owner by NutraFocus. Any Content existing on NutraFocusMD.com that is downloaded by a user, does not grant ownership or permission of use to user. Content may not be distributed, modified, reproduced, published, or sold by any user without the explicit written consent of NutraFocus.
You shall retain all of your ownership rights in your User Content. However, by submitting User Content to NutraFocus, you hereby grant us and any affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Services and Company's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant us and our affiliates and sublicensees the right to use the name and/or likeness that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Services and these Terms. By accepting any prize from NutraFocus, you hereby grant us a nonexclusive, perpetual license to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without any additional compensation. User Content may be copied, published, distributed or otherwise used by us for any purpose without your permission.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them. Regarding User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize NutraFocus to use all any and all User Content to enable inclusion and use of User Content in the manner contemplated by NutraFocus and these Terms, and to grant the rights and license set forth herein, and (ii) your User Content, Company's use of such User Content pursuant to these of Use, and Company's exercise of the license rights set forth above, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate any applicable law or regulation.
User Content: Reviews
All reviews are subject to our approval process, which may include editing, condensing, removing, or deleting entirely, any reviews deemed by NutraFocus to not be in compliance with our rules and guidelines.
Submitting a review gives NutraFocus full rights to the material included in the review.
Review Rules and Guidelines
- Reviews should be:
- Focused on the Services being reviewed and your personal experience with the Services
- Thorough and detailed without exceeding 500 characters
- Accurate and truthful to the best of your knowledge.
- Reviews may not contain the following:
- Explicit, vulgar, inappropriate, derogatory, hateful, or profane language
- References, especially links, to other companies or products or any other “spam” material
- Copyrighted material to which you do not have ownership
- Any personal information including names and contact information such as, phone numbers, email addresses, physical addresses, etc.
False or inaccurate information, or any information in violation of any laws, including but not limited to, those governing consumer protection or false advertising.
NutraFocus does not and cannot review all User Content posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, NutraFocus is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, NutraFocus reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to NutraFocus in its sole discretion.
SECTION 8 - DMCA COMPLIANCE
It is Company’s policy to respond to notices of alleged copyright infringement utilizing the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (“DMCA”). We respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.
- If you believe that your copyright has been infringed in Services, please send a compliant notice with "DMCA Complaint" in the subject line to email@example.com. The Designated Agent at NutraFocus will follow the procedures outlined below upon receipt of a proper notification of claimed infringement. The following must be included in your infringement claim:
- i. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- ii. Identification of the copyrighted work claimed to have been infringed.
- iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
- iv. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- v. A statement that the complaining party has a good faith belief that disputed use is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notice 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.
Failure to include all of the above information may result in a delay of the processing or the DCMA notification.
It is expected that all users of any part of the Company system will comply with applicable copyright laws. However, if the Company receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Company will comply with the appropriate provisions of the DMCA in the event a counter notification is received.
Under appropriate circumstances, Company may, in its discretion, terminate authorization of users of its system or network who are determined to be repeat infringers.
SECTION 9 - SUBSCRIPTIONS
Subscriptions to Services will be charged every 30 or 90 days (depending on your choice of a 1 month or 3 month subscription) to the credit card supplied at the time of enrollment. Upon payment processing a new shipment will be sent to the address supplied at time of enrollment. If a payment cannot be processed you will be contacted to provide new payment information prior to your next shipment being sent. It is the user’s responsibility to provide NutraFocus current and accurate shipping and billing information, and to contact customer care to communicate any changes in this information. Users may pause or cancel subscriptions to the program at any time and for any reason by logging into their account on NutraFocusMD.com. If the customer portal at NutraFousMD.com is unavailable, contact customer care via email at firstname.lastname@example.org. Subscriptions to Services guarantees product price for the lifetime of subscription. Pausing and/or cancelling membership may forfeit that price guarantee.
SECTION 10 - REWARDS PROGRAM
The NutraFocus Rewards program (“Program”) is a loyalty and rewards program for NutraFocusMD.com. All registered account holders are eligible for the Program, but accounts are limited to one per user. By registering for an account you agree to these Terms. FOCUS FUNDS are points are a unit of measurement to determine future discounts at an exchange rate determined by NutraFocus and at their sole discretion. NutraFocus reserves the right to change the value of points at any time, without notice. Points are earned in a variety of ways, including, but not limited to, placing orders with NutraFocus, sharing products on your social media accounts, reviewing products, etc. NutraFocus reserves the right to approve and deny rewards points, and may limit the total amount of points earned. Points may be redeemed for discounts on future purchases. Only qualifying orders will earn rewards points. Orders placed online that are marked as completed in our system will be considered qualifying orders. Fraudulent or canceled orders will have rewards points revoked. NutraFocus reserves the right to revoke or void points and cancel membership for any reason. Points are not transferrable. NutraFocus reserves the right to change Program and its Terms without notice. Changes will be updated to the website and user’s continued participation constitutes their acceptance of changes. NutraFocus reserves the right to terminate the Program at any time. NutraFocus will notify users upon termination, unless outside forces prevent such action. Forces include, but are not limited to, extreme weather or other natural disasters, acts of terror or war, software viruses, bankruptcy, etc. Any misuse of the Program by the user will constitute their forfeiture from the Program. Misuse may be determined at the discretion of NutraFocus. NutraFocus is not responsible for malfunctions in the Program due to program platform, software, internet, and the like.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged for the purchase and your order is cancelled, NutraFocus shall issue a credit to your credit card account in the amount of the incorrect price.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, including impersonating another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of Services or any related website for violating any of the prohibited uses. Any violation of system or network security may subject you to civil and/or criminal liability.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, EXPRESSLY INCLUDING ANY AND ALL DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NutraFocus and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
You may terminate your use of the Services at any time. You agree that NutraFocus may terminate or suspend your access to all or part of the Services, with or without notice, in our reasonable discretion, at any time. We reserve the right to modify or discontinue the Services (or any part thereof) with or without notice, at any time.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. NutraFocus may assign its rights and duties under this Agreement to any party at any time without notice to you.
These Terms and any policies or operating rules posted by us on this site or in respect to Services constitutes the entire agreement and understanding between you and us and govern your use of Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase and/or use of Services) shall be in the state or federal courts located in Peoria County, Illinois. Any cause of action or claim you may have with respect to Services must be commenced within one (1) year after the claim or cause of action arises.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
Updated July 20, 2018