TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THESE WEBSITES. These Terms and Conditions (the “Terms”) are a legal contract between you and WebNutrients, LLC. (“WebNutrients”, “we”, “us” or “our”). By using the websites at WebNutrients.com (collectively, the “websites”), including purchasing products from these websites, or by clicking a box that states that you accept or agree to these Terms, you signify your agreement to these Terms. If you do not agree to these Terms, you may not use these websites.
You agree that by using these websites, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
It is your responsibility to review these Terms periodically. We reserve the right to revise these Terms at any time without notice to you. If you use these websites after the revisions are made, you agree to such revisions. If you do not agree to these revised Terms, please do not use these websites.
We grant you a limited license to access and use these websites for your personal use, and to copy, distribute, and transmit the content of these websites only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using these websites for your personal use. This license does not include any resale or commercial use of these websites or its contents; any collection and use of any product listings, or descriptions; any derivative use of these websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.
Except as permitted above, these websites or any portion of these websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WebNutrients. You may not use any meta tags or any other “hidden text” utilizing WebNutrients’ name or trademarks without the express written consent of WebNutrients. Any unauthorized use terminates the permission or license granted by WebNutrients.
We reserve the right to change any information, features and functions of these websites without prior notice. We reserve the right to stop supplying WebNutrients products at any time at our absolute discretion. We may refuse service, terminate accounts and/or deny access to any or all parts of these websites if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights or the rights of any third party. Use of these websites for any illegal or unauthorized purpose is strictly prohibited.
2. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of these websites, you warrant to us that you will not use these websites for any purpose that is unlawful or prohibited by these Terms. You may not use these websites in any manner, which could damage, disable, overburden, or impair these websites or interfere with any other party’s use and enjoyment of these websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through these websites.
3. NO MEDICAL ADVICE
The information contained on these websites, or provided at your request, is provided for informational purposes only and is not intended to be medical or healthcare advice. While we offer products on these websites that are classified as dietary supplements products, we do not market or sell such products for the purposes of diagnosing, treating, curing or preventing any disease. We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed healthcare practitioner. Information found or received through these websites, including email communication with WebNutrients, should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your healthcare practitioner. Before using any products offered on these websites, carefully read all labels and heed all directions and cautions that accompany the products.
The products made available on these websites are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining WebNutrients’ prior written consent. WebNutrients may cancel or modify purchases on these websites if it appears that they are the result of fraudulent or inappropriate activity, including those listed directly above in this section, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on these websites, 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. We reserve the right to limit order quantity at any time without notice. Prices are subject to change without notice.
5. BILLING AND PAYMENT
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products ordered through the websites may be made through a valid credit card, debit card or other payment method offered through the websites. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on these websites.
6. SHIPPING AND TAXES
Product is shipped FOB Shipping Point/FOB Origin. That is, you as the buyer pay shipping costs and take responsibility for products when they leave the WebNutrients facility. Separate charges for shipping will be shown on the checkout page. If applicable, a separate charge for taxes will be shown on the checkout page.
7. RETURN POLICIES
Products that are purchased directly from these websites may be returned by you within fourteen (14) days of the date of purchase for a full refund. Depending on the reason for the request to return product(s), we reserve the right to refund the cost of the product(s), less shipping. Only unopened packages are eligible for a full refund. All others may either be exchanged or replaced at our discretion, or returned for a prorated refund, due to the customization of each product. We do not resell returned products.
8. ELECTRONIC COMMUNICATIONS
When you use the websites, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. BLOG / SOCIAL MEDIA
“Forum” includes any other website page created by WebNutrients, on one or more social media pages, including, but not limited to Facebook, Twitter, Instagram and Pinterest.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these Forums; you make such disclosures at your own risk. You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish or make any claims about any product or services that are false or misleading or post any testimonial about products or services that you have not used.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying a Forum.
- Violate any code of conduct or other guidelines which may be applicable for any particular Forum.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
You are and shall remain solely responsible for the content you post on or through these websites under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. WebNutrients, markets and sells various dietary supplement products. These products are not intended to diagnose, treat, cure, or prevent any disease. WebNutrients, and the administrators of these websites and any Forum on these websites reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations issued pursuant to the Federal Food, Drug and Cosmetic Act.
We reserve the right to block your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on these websites.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
YOU ASSUME ALL RISK OF USING THESE WEBSITES AND THE PRODUCTS AND SERVICES OFFERED ON THESE WEBSITES. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THESE WEBSITES AND THE PRODUCTS AND SERVICES OFFERED ON THESE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WEBNUTRIENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEBNUTRIENTS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THESE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THESE WEBSITES OR THE SERVER THAT MAKES THESE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBNUTRIENTS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THESE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WEBNUTRIENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE WEBSITES OR MATERIALS ON THE SITE, EVEN IF WEBNUTRIENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The technology underlying, and the entire contents of these websites, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of WebNutrients, and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to WebNutrients. Copyright 2017 WebNutrients, LLC. All rights reserved.
You agree to indemnify, defend, and hold harmless the WebNutrients Parties (as defined below), and each of their officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of these websites (including negligent or wrongful conduct) by you or any other person accessing these websites using your Internet account.
14. THIRD-PARTY LINKS
These websites may link to websites operated by third parties (“Third Party Sites”). WebNutrients has no control over these Third Party Sites, all of which have separate privacy and data collection practices, independent of WebNutrients. WebNutrients is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such Third Party Sites. These Third Party Sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that WebNutrients is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
15. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at support@WebNutrients.com. This Dispute Resolution and Arbitration; Class Action Waiver provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and WebNutrients Parties as defined below. 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.
Please read this Provision carefully. It provides that all Disputes between you and WebNutrients Parties shall be resolved by binding arbitration. 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 this agreement 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, “WebNutrients Parties.” means WebNutrients, LLC. and its parent, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and WebNutrients Parties. regarding any aspect of your relationship with WebNutrients Parties. 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 (with the exception of the enforceability of the Class Action Waiver clause below). “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 WebNutrients Parties’ 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 the WebNutrients Parties an opportunity to resolve the Dispute. You must commence this process by mailing written notification to the Chief Financial Officer of WebNutrients at support@Webutrients.com. 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 any of the WebNutrients Parties does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the relevant WebNutrients Parties 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 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 these websites and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or WebNutrients Parties may initiate arbitration in either Vancouver, Washington or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, any of the WebNutrients Parties may transfer the arbitration to Vancouver, Washington in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – The relevant WebNutrients Parties will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with WebNutrients as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator.
Class Action Waiver
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and all of the relevant WebNutrients Parties specifically agree to do so following initiation of the arbitration.
You understand and agree that by entering into this Agreement you and WebNutrients Parties are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and WebNutrients Parties might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your account or other relationship with the WebNutrients Parties. Notwithstanding any provision in this Agreement to the contrary, we agree that if WebNutrients makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the WebNutrients Parties to adhere to the language in this Provision if a Dispute between you and the WebNutrients Parties arises.
16. LOCAL LAWS; EXPORT CONTROL
WebNutrients controls and operates these websites from its headquarters in the United States of America and the products and material offered on these websites may not be appropriate or available for use in other locations. If you use these websites or the products outside the United States of America, you are responsible for compliance with applicable local laws.
17. APPLICABLE LAW
Your use of these websites shall be governed in all respects by the laws of the state of Washington, U.S.A., without regard to its choice of law provisions.
18. TYPOGRAPHICAL ERRORS
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 for any reason, WebNutrients 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, WebNutrients shall promptly issue a credit to your credit card or debit card account in the amount of the charge.
The provisions relating to Intellectual Property Infringement, Copyrights, Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution and Arbitration; Class Action Waiver, Local Laws; Export Control, Applicable Law, and Typographical Errors shall in all events survive any termination of your account or any termination of these Terms.