Terms of Service
Last Updated and Effective as of October 8, 2021
Please read these Terms of Service carefully before you start to use https://nutrirestore.com/ (the “Site). This Site is owned and operated by NutriRestore, Inc. (“NutriRestore”, “we,” “our,” or “us”). The terms “you” or “yours” refer to the user of our Site.
You must be eighteen (18) years old and have the legal ability to agree to these Terms of Service; thus, if you are under the age of eighteen (18) or if you do not agree to these Terms of Service, you must not access or use the Site.
ARBITRATION NOTICE: Except for certain types of disputes described in the “Dispute Resolution and Arbitration; Class Action Waiver” section below, you agree that all disputes between you and us with regard to these Terms of Service and your use of the Site will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Changes to Terms of Service
We reserve our right to change, modify or update these Terms of Service at any time in our sole discretion, in which case we’ll update the Effective Date of the Terms of Service located at the top of this Terms of Service page to reflect the date of the changes. All changes are effective immediately when we post them and apply to all access to and use of the Site and its contents, products, and services thereafter. By continuing to use the Site after we post any such changes, you accept and agree to be bound by the Terms of Service as modified, so please check these Terms of Service from time to time to be aware of any modifications.
No Medical Advice – Information on Site for Educational and Informational Purposes Only
THE INFORMATION CONTAINED ON THIS SITE IS PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS, AND MUST NOT BE UNDERSTOOD OR CONSTRUED AS, MEDICAL OR HEALTH CARE ADVICE, TREATMENT OR INSTRUCTIONS.
WHILE WE MAY OFFER PRODUCTS ON THE SITE THAT ARE CLASSIFIED AS DIETARY SUPPLEMENTS PRODUCTS REGULATED BY THE FOOD AND DRUG ADMINISTRATION, WE DO NOT MARKET OR SELL SUCH PRODUCTS FOR THE PURPOSES OF DIAGNOSING, TREATING, CURING OR PREVENTING ANY DISEASE. WE MAKE NO MEDICAL CLAIMS AS TO THE BENEFITS OF ANY PRODUCTS, SERVICES, OR CONTENT PRESENTED, OFFERED OR REPRESENTED IN ANY WAY. WE DO NOT RECOMMEND ANY PARTICULAR FORM OF MEDICAL TREATMENT OR THAT PERSONS MANAGE THEIR OWN HEALTH PROBLEMS WITHOUT THE ADVICE OF A LICENSED HEALTH CARE PRACTITIONER.
YOU SHOULD NOT RELY ON INFORMATION ON THIS SITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, A VISIT WITH, CALL TO, CONSULTATION WITH OR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT FROM A HEALTH CARE PROVIDER. IF YOU SUSPECT YOU HAVE A MEDICAL PROBLEM, OR IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, PLEASE PROMPTLY CALL OR SEE YOUR HEALTH CARE PRACTITIONER. YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER LICENSED HEALTH-CARE PROFESSIONAL ABOUT YOUR INDIVIDUAL SITUATION. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR A LICENSED HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL OR HERBAL SUPPLEMENT, OR USING ANY PRODUCT FOR ANY HEALTH PROBLEM. IN ADDITION, BEFORE USING ANY PRODUCTS OFFERED ON THIS SITE, CAREFULLY READ ALL LABELS AND HEED ALL DIRECTIONS AND CAUTIONS THAT ACCOMPANY THE PRODUCTS.
USE OF THE INFORMATION PROVIDED ON THE SITE OR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH CARE PROFESSIONALS AFFILIATED WITH NUTRIRESTORE.
INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS ON THIS SITE HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION, AND THE PRODUCTS SOLD ON THIS SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
WE ARE NOT RESPONSIBLE FOR ANY ADVERSE REACTION YOU MAY HAVE FROM USING THE PRODUCTS OR TO ANY INGREDIENT CONTAINED IN THE PRODUCTS SOLD ON THIS SITE. PLEASE CHECK THE LIST OF INGREDIENTS FOR ANY KNOWN SENSITIVITIES OR ALLERGIES YOU HAVE. IF YOU HAVE A SENSITIVITY OR ALLERGY TO ANY INGREDIENT(S) IDENTIFIED, DO NOT USE THE PRODUCT. WHEN IN DOUBT PLEASE CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.
Purchases from the Site: Price and Payment Terms
Purchase of products through the Site are governed by these Terms of Service.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total and will be itemized in your shopping cart and in your order confirmation email.
Payment is due prior to shipment of products. When you check out you will be required to provide your payment and shipping information. A receipt will be emailed to the email address you provide during your checkout process.
You agree to provide current, complete, and accurate purchase and account information for all purchases made from our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase products and services through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase products for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, NutriRestore shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, NutriRestore will promptly issue a credit to your credit card or debit card account in the amount of the charge.
NutriRestore may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity, including under circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms of service included on the Site, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time. Prices and promotions are subject to change without notice. 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.
Resale of NutriRestore products is strictly prohibited. You are not permitted to resell or otherwise use the products for commercial purposes. The products made available on the Site are intended for personal use only.
Subscription Policy: Subscriptions, Automatic Renewal and Cancellations
Subscriptions allow you to have recurring orders of your favorite NutriRestore products shipped to you automatically on the delivery schedule and frequency of your choice. This means that you select how often you would like your products shipped to you and we take care of the rest. The delivery frequency and items in the order can be set by the customer and changed at any time from your NutriRestore account.
Your subscription will continue unless and until you choose to cancel or modify your delivery frequency and products. Your payment method on file will be charged each time a shipment is initiated based on your subscription schedule at our then-current price for such products plus applicable taxes until you cancel. You agree that your subscription will continue, and your account will be charged based on your selected subscription schedule, unless you change or cancel your subscription prior to your next shipment date.
You may cancel or modify your subscription including the products and schedule at any time by visiting your account page. If you modify or cancel your subscription after your current subscription shipment has been prepared or shipped, your payment method on file will be charged and you will receive the next shipment; you will be responsible for all charges (including shipping and any applicable taxes) incurred prior to the modification or cancellation of your subscription. Your modification and cancellation will take effect thereafter.
Suspending or Postponing Delivery of your Subscription
You may suspend or postpone the delivery of your subscription following the instructions on the Site. However, you will not be able to suspend or postpone your current delivery if we have already started shipping your next package.
Payment and Billing Information
By providing a credit card or other payment method that we accept on this Site, you represent and warrant that you are the valid owner or an authorized use of the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the amount of your subscription or other purchase (including any applicable taxes, shipping and other charges) (collectively, as applicable, an “Order”). You also warrant that the payment information you provide is accurate.
By purchasing a subscription, you expressly acknowledge and agree that we or our third-party payment processor is authorized to automatically charge your payment method on file now, and again at the beginning of any subsequent subscription period based on your selected subscription schedule, without further notice to you for as long as your subscription continues. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating all our obligations hereunder. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription in accordance with the cancellation policies set forth herein prior to shipment.
All of our products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain products, and to substitute products (including, but not limited to, specific ingredients or entire items) without prior notice. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.
We have made every effort to display as accurately as possible the colors and images of our products that appear on our Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Shipping and Taxes
We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process.
Product is shipped FOB Shipping Point/FOB Origin. That is, you are the buyer pay shipping costs and take responsibility for products when they leave the NutriRestore warehouse. Separate charges for shipping and handling will be shown on the checkout page.
We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.
Title to and risk of loss of products passes from us to you upon our delivery of the product to the third-party courier. Loss or damage that occurs during shipping is your responsibility.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
We will collect applicable sales tax on all products shipped to all jurisdictions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. You are responsible for sales and all other taxes associated with your Order, however designated, except for our franchise taxes and taxes on our net income. If applicable, a separate charge for taxes will be shown on the checkout page.
You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door or in your mailbox. Any individual at the delivery address who accepts a delivery is presumed to be authorized to receive such delivery.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Order is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
Returns and Refunds
If you are dissatisfied with a product for any reason, please contact us at email@example.com. Products that are purchased from this Site may be returned by you within thirty (30) days of the date of purchase for a full refund less shipping and handling with return authorization. Products must be unopened and in the factory sealed container to be eligible to be returned for a refund. Please see our Return and Refund Policy for more information.
We are not responsible for the validation of the address provided at checkout and will not provide returns, refunds or replacement orders for address errors provided at checkout.
Passwords for Account
You will need to create an account with a username and password for your purchases and subscriptions. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Intellectual Property Rights
This Site includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. When you access the Site or access or purchase any of its contents, products or services, NutriRestore is granting you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site and its content, for your own personal, non-commercial use and NOT for your business or commercial use or in any way that earns you money, unless you get written permission from the owner of NutriRestore that you may do so.
This means that when you access the Site or any contents on or available through the Site, you agree that you will only use them for your individual, personal and noncommercial purposes, and you will NOT copy, duplicate, share, republish, reproduce, display, distribute, modify, sell, resell, or otherwise use any material from or portion of this Site for any commercial purposes or any other purpose without express written permission from NutriRestore. Any reproduction or unauthorized use of any materials found on this Site shall constitute infringement and theft and could result in criminal or civil penalties.
You agree and understand that you do NOT acquire any ownership rights in the Site content by your use of the Site or its content, and we do not grant you any licenses, express or implied, to the intellectual property of NutriRestore or our licensors, as applicable, unless expressly authorized. Furthermore, you agree and understand that you are not permitted to delete or alter any proprietary rights or attribution notices on or in the Site or any of its contents, products or services such as the copyright notice © or trademark notice such as ™ or ®.
Any trademarks, taglines, and logos displayed on the Site are trademarks belonging to NutriRestore. Any trademarks reproduced on this Site, which are not the property of, or are licensed to NutriRestore, are the property of their respective owners. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without NutriRestore’s express written consent.
No Unlawful or Prohibited Use or Conduct
You agree that you will not use the Site in any way that causes or is likely to cause the Site or its contents, or access to them, to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Site.
As a condition of your use of the Site and its contents, you agree to use the Site and its contents only for lawful, legitimate, non-commercial purposes and that you will NOT use the Site its contents for any purpose that is illegal, false, fraudulent or prohibited by these Terms of Service. You agree that you will NOT use and understand that you are strictly forbidden from using the Site or its contents in any of the following ways:
- In any manner that could damage, disable, overburden, or impair the Site or its contents or interfere with any other party’s use and enjoyment of the Site, its contents;
- To conduct or carry out any unlawful, illegal, fraudulent or harmful activity or conduct activity with any such purpose;
- To send any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;
- To send, negatively impact, or infect our Site or its contents with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To send or infect our Site or its with software viruses or any other similar computer code designed to commercially solicit, or send chain letters, mass mailings or any spam, whether intended or not;
- To cause annoyance, inconvenience, anxiety, or fear;
- To impersonate any third party or otherwise mislead as to the origin of your contributions;
- To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or its contents to you.
- To transmit, send or deliver unsolicited communications or for other marketing or advertising purposes.
- To systematically or automatically collect data from this Site.
NutriRestore may, without notice, refuse access to the Site, in whole or part, to any person that fails to comply with these Terms of Service.
Email And Other Electronic Communications
Links to Third-Party Websites, Services or Social Media
The Site may contain links to third-party or social media sites (“Linked Websites”). The Linked Websites are not under the control of NutriRestore, and NutriRestore is not responsible or liable for any content of any Linked Website, including without limitation any link contained in a Linked Website or actions taken by the Linked Websites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) or social media sites that you may find of interest. While NutriRestore only provides Linked Websites that it believes in and trusts, the inclusion of any link does not imply endorsement by NutriRestore of the views, opinions, facts, advice or statements in such Linked Websites or any association with its operators. Although NutriRestore may provide these links, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. NutriRestore has no control over the contents, actions or functionality of the Linked Websites and is not responsible for any loss, damage, or otherwise that may arise from your use of any Linked Website. It is your responsibility to review the terms and conditions and privacy policies of the Linked Websites to confirm that you understand and agree with those policies. Likewise, if our Site is linked or referenced in someone else’s website or social media, we are not liable for any information provided on or through their website or social media as it is not under our control in any way whatsoever.
No Guarantees and Testimonials Disclaimer
You agree that NutriRestore has not made any promises or guarantees about the results of taking any products sold on this Site. You also recognize that prior results do not guarantee a similar outcome. At various places on this Site, you may find testimonials from customers of NutriRestore products. Although these testimonials are truthful statements by real people, they do not guarantee or promise in any way that you might achieve the same outcome.
In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
The people giving testimonials and consumer stories appearing on NutriRestore platforms and social media may have been compensated with free products or discounts for use of their experiences.
Testimonials and consumer stories appearing on NutriRestore platforms are received in various forms via a variety of submission methods. The testimonials and consumer stories reflect the real-life experiences and opinions of individuals who used our products and/or services. However, individual results may vary, and results may not be typical. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials and consumer stories are not necessarily representative of what anyone else using our products and/or services may experience. Results may vary depending on a multitude of factors, including: age, gender, physical condition, exercise routine, concomitant products used, health history, lifestyle and diet.
The testimonials and consumer stories displayed are given verbatim except for grammatical or typing error corrections. Some testimonials or consumer stories may have been edited for clarity or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. NutriRestore is not responsible for the opinions or comments posted on NutriRestore platforms and social media, and does not necessarily share the opinions, views or commentary of postings on NutriRestore platforms and social media. All opinions expressed are strictly the views of the poster or reviewer.
Testimonials and consumer stories on NutriRestore platforms and social media are not intended, nor should they be construed, to diagnose, treat, cure, mitigate or prevent any disease. To the contrary, our products are not intended to diagnose, treat, cure, or prevent any disease. Information provided by NutriRestore platforms and social media is not a substitute for individual medical advice. Statements made on NutriRestore platforms and social media have not been evaluated by the U.S. Food and Drug Administration.
User’s Personal Responsibility and Assumption of Risk
We have done our best to ensure that the Site and its contents provide valuable information, but we cannot guarantee the accuracy of such information. Neither NutriRestore nor any of its owners, officers, directors, employees, or contractors are responsible for any errors or omissions on or in this Site or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
YOU ASSUME ALL RISK OF USING THE SITE AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE. By accessing this Site and its contents in any way you accept personal responsibility for the results of your actions. NutriRestore is not responsible for your personal actions or choices before, during or after use of our Site. Notwithstanding any limitations by law, your use, misuse or non-use of any information on this Site is at your own risk, and you agree to take full responsibility for any harm or damage you suffer as a result of your use, misuse or non-use, of the information available on or in this Site and to absolve NutriRestore of any liability or loss that you, your business, or your family, children or heirs (if applicable) or any other person, may incur.
Additionally, you acknowledge that when making your own decisions and taking any actions or implementing anything suggested on this Site, which is all information and education, you are using your own judgment and conducting your own due diligence and assessment of risk, and you are voluntarily making those decisions with the full awareness that there may be risk involved.
Termination and Access Restriction
NutriRestore reserves the right, in its sole discretion, to refuse or terminate your access to the Site, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you in these Terms of Service with respect to the Site will still apply even after such termination.
Disclaimers; No Warranties
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING, OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE MAY STORE, PORTION, AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS, AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES.
THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
ALL PRODUCTS AND THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUTRIRESTORE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE SITE, CONTENT AND PRODUCTS.
NUTRIRESTORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF OUR SITE AND ITS CONTENTS FOR ANY PURPOSE.
NUTRIRESTORE MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS SITE, ITS CONTENTS, ITS PRODUCTS, OR ITS SERVICES. FURTHERMORE, NUTRIRESTORE MAKES NO WARRANTIES THAT THE SITE OR ANY OF ITS CONTENT, PRODUCTS, SERVICES OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE, ITS CONTENTS AND ITS SERVICES ARE CONTINUALLY UNDER DEVELOPMENT. NUTRIRESTORE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE, ITS CONTENTS, PRODUCTS AND ITS SERVICES AT ANY TIME.
WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND TO MODIFY, SUSPEND, OR STOP PROVIDING ACCESS TO THE SITE (OR ANY FEATURES OR FUNCTIONALITY OF THE SITE) AND THE PRODUCTS AT ANY TIME WITHOUT NOTICE AND WITHOUT OBLIGATION OR LIABILITY TO YOU. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, VENDOR, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.
Limitation of Liability; Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL NUTRIRESTORE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EQUITABLE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ITS CONTENTS OR ANY PRODUCT PURCHASED FROM THE SITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORIES, EVEN IF NUTRIRESTORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) FOR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT, OR USE OF PRODUCTS PURCHASED FROM NUTRIRESTORE, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF NUTRIRESTORE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS (JOINTLY) EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) FOR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SITE OR CONTENT, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF NUTRIRESTORE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS (JOINTLY) EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE NUTRIRESTORE, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF NUTRIRESTORE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE NUTRIRESTORE, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ACCESS TO THE CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND/OR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF NUTRIRESTORE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Site is controlled by NutriRestore from its offices within the State of Minnesota, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of Minnesota, by accessing this Site, NutriRestore and you both agree that the statutes and laws of the State of Minnesota, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of this Site.
Dispute Resolution and Arbitration; Class Action Waiver
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at firstname.lastname@example.org. This Dispute Resolution and Arbitration; Class Action Waiver provision facilitates the prompt and efficient resolution of any disputes that may arise between you and NutriRestore as defined below.
Any Dispute you have with us should be submitted to email@example.com within thirty (30) days of the event giving rise to the Dispute.
Please read this Provision carefully. It provides that all Disputes between you and NutriRestore shall be resolved by binding arbitration. Except for Disputes relating to the infringement of your or our intellectual property (such as trademarks, trade dress, copyright and patents) or where you or we are seeking a preliminary injunction (“Excluded Disputes”), you agree that all Disputes between you and us with regard to these Terms of Service, your use of the Site or your purchase of any of our products, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive a trial by jury. Additionally, neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms of Service constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
For the purpose of this provision, the term “Dispute” means any dispute, claim, or controversy between you and NutriRestore regarding any aspect of your relationship with NutriRestore whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this provision. “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as NutriRestore’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution: For all Disputes, whether pursued in court or arbitration, you must first give NutriRestore an opportunity to resolve the Dispute. You must commence this process by sending written notification to NutriRestore at firstname.lastname@example.org. That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If NutriRestore does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
Arbitration Procedures: If this provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or NutriRestore may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and it shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms of Service concern interstate commerce, the Federal Arbitration Act governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law of Minnesota consistent with the Federal Arbitration Act and the applicable statute of limitations or condition precedent to suit. THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF MINNESOTA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS OF SERVICE AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS.
The arbitration will be conducted in Hennepin County, Minnesota. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.
You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located nearest to or in Hennepin County, Minnesota and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
In any action to enforce these terms, the prevailing party will be entitled to attorneys’ fees and costs. Any cause of action brought by you against NutriRestore must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
If any provision of these Terms of Service if held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms above, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the change. This dispute resolution provision will survive the termination of any or all of your transactions with NutriRestore.
The Site is controlled, operated, and administered by NutriRestore from our offices in Edina, Minnesota in the United States. NutriRestore does not represent that the materials and products on this Site are appropriate or available for use in other locations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site and its contents in any country or in any manner prohibited by any applicable laws, restrictions or regulations. NutriRestore currently does not ship products outside of the United States.
You agree to defend, indemnify and hold harmless NutriRestore and its owners, officers, directors, employees, contractors, affiliates and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of this Site in violation of these Terms of Service, (ii) any breach by you of these Terms of Service or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to this Site, (iv) your use of materials or features available on this Site (except to the extent a claim is based upon infringement of a third-party right by materials created by NutriRestore or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. NutriRestore reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NutriRestore in asserting any available defenses.
Any failure by NutriRestore to enforce or exercise any provision of these Terms of Service shall not constitute a waiver of that right or provision and shall not be construed as a waiver of any subsequent breach by you.
Affiliate Disclosure Policy
NutriRestore believes in honesty. If we link to or offer any other content, products, or services for which we are an affiliate or receive a commission, we will provide an applicable disclosure near such link or offer content as required by and in compliance with the FTC guidelines.
An affiliate link is a link that uses a special tracking code or coupon that is unique to our company, so that we may make a small commission on the sale of an item you purchase. The price is the same to you; however, in some cases we may provide a link with a discount code for an item.
As a policy, NutriRestore will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. Even though we may receive compensation, we always give our honest opinions, findings, beliefs, or experiences on those topics or products.
While we are committed to only affiliating with products and services that we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services or to statements of such third parties. As a visitor of the Site, you recognize that it remains your personal responsibility to investigate whether any such products or services are right for your personal circumstances and whether they will benefit you. You will not rely on any recommendation, reference, or information provided by us on this Site but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the product or service. Any product claim, statistic, quote or other representation about a product or service may have been provided to NutriRestore by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.
If you have any questions about these Terms of Service, please contact us at email@example.com.