Terms & Conditions

1.0 Eligibility

This is a contract between you and Nutrinova. You must read and agree to these Terms before using our Site. If you do not agree to these Terms, you may not use our Site. Any use or access to the Site by anyone under thirteen (13) years of age is strictly prohibited and in violation of these Terms. If you are under eighteen (18) years of age, you may use the Site only with involvement of a parent or legal guardian and their consent and agreement to these Terms. If you are under 18, you represent that you have your parent or guardian’s permission to use the Site and that your parent or guardian is agreeing to these Terms.

2.0 Site Transactions

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, same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address or phone number provided by you at the time you placed the order.

3.0 No Resale

All orders are for personal use only and orders for resale are prohibited without prior written approval. In the event we learn about any reselling of our products, we will vigorously enforce our rights. We reserve the right to seek all remedies against you for failure to comply with this no-resale policy. This includes but is not limited to monetary damages. Additionally, you agree to pay all attorney’s fees and other reasonable costs incurred in any enforcement of this provision.

4.0 Pricing and Payment

The price applicable is set on the date you place your order. Shipping costs and payment fees are disclosed before you confirm the purchase. Credit card information is transmitted over secure SSL encryption and is not stored by us. Please note that local charges may apply.

5.0 Right to Change Site

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable to you for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

6.0 Site Content

Nutrinova and other marks, graphics, typefaces, trade names and logos appearing on the Site are trademarks or trade dress of Nutrinova. Other trademarks appearing on the Site are property of their respective owners including, in some instances, us. Our trademarks and trade dress may not be used in any manner or purpose without our prior written consent in each instance. Patents used in connection with the Site are the property of their respective owners, which may include us. The Site contains copyrighted material including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Content"). This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions (Berne), and other copyright laws. Nutrinova and third-party content providers also own copyrights in the content original to it.

The Site and the Content are intended solely for personal non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.

Unless otherwise specified, the Site and the Content are intended to promote Nutrinova products and services available in the United States.

7.0 User Comments, Feedback and Other Submissions

Nutrinova is pleased to hear from its Customers and welcomes your comments regarding our products and services. Nutrinova company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Nutrinova employees and agents might seem similar to creative works submitted by you. Accordingly, while we value your feedback, we ask that you do not send creative ideas, suggestions, proposals, plans, or other materials to us. If you send specific submissions, e.g., contest entries, at our request or if you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments") without our request, you agree that Nutrinova may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you send to Nutrinova. Nutrinova is under no obligation to: (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments. Nutrinova has the right, but not the obligation, to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party including, but not limited to, copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Nutrinova or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.

8.0 Personal Information Submitted Through the Sites

Nutrinova will collect personal information from you only if you voluntarily submit such information to us. You can always refuse to supply personal identification information which may prevent you from engaging in certain Site related activities.

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located on this Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

9.0 Product Information

Some products displayed on the Site may be available in authorized Nutrinova approved retail stores.

Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site. Prices displayed on the Site are quoted in U.S. dollars.

10.0 Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice to you (including after you have submitted your order).

11.0 Force Majeure

We will not be liable for any delay or failure to perform our obligations under this Agreement by reasons, events, or other matters beyond our reasonable control.

12.0 Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

13.0 Links to Other Websites

The Site may contain links to other web sites that are not under the control of Nutrinova. Nutrinova is not responsible for the linked web sites nor does linking the web sites constitute an endorsement of the linked web site. Links are provided solely for the convenience and information of the Site's users and they may be used at your sole risk.

14.0 Warranty; Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS'' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Nutrinova WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Nutrinova AND ITS AFFILIATES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT.

Nutrinova DISCLAIMS ANY DUTY TO UPDATE OR REVISE MATERIALS IN THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. Nutrinova SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on the statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

15.0 Indemnification

You agree to defend, indemnify and hold harmless Nutrinova and all affiliated companies from and against any and all claims, damages, costs and expenses including, attorney's fees, arising from or related to your use of the Site, your misuse of any product and/or your breach of any representation, warranty or any other provision of the Agreement.

16.0 Choice of Law and Venue

These Terms are governed by and shall be construed in accordance with the laws of the State of California, without regard to California's choice or conflicts of law principles. Further, you and Nutrinova agree to the jurisdiction of the federal and state courts located in Orange County, California, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or Nutrinova products that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

17.0 Arbitration Agreement

This Arbitration Agreement section sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and Nutrinova will be resolved through Arbitration (“Arbitration Agreement”).

Dispute resolution and arbitration
You and Nutrinova agree that any dispute, claim, or controversy between you and Nutrinova arising in connection with or relating in any way to these Terms or to your use of any Nutrinova products (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and Nutrinova further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

Exceptions
You and Nutrinova both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with the jurisdiction and venue described in the “Choice of Law and Venue” section above, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator. In addition, nothing in this provision prevents you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

No Class or Representative Proceedings; Class Action Waiver
YOU AND Nutrinova AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Nutrinova agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Nutrinova will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and Nutrinova agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above).

Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitrator in accordance with the AAA Rules.

The costs of arbitration (including attorney fees) shall be borne by the losing party, unless otherwise determined by the arbitration award.

Notice
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to [email protected] and by certified mail, Federal Express, UPS, or Express Mail (signature required) to the address below ("Notice"). Nutrinova’s address for Notice is: Nutrialliance LLC, Attn: 1993 Dewer Drive Suite 1 #134 Rock Springs, WY 82901, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Nutrinova may commence an arbitration proceeding.

Enforceability
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the “Choice of Law and Venue” section above shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.

18.0 Termination

This Agreement is effective unless and until terminated by either you or Nutrinova. You may terminate this Agreement at any time by providing written notice to Nutrinova. Nutrinova may terminate this Agreement at any time without notice and may deny your access to the Site if in our sole judgment you fail to comply with any term or provision of this Agreement. The termination date shall serve as the termination of the Agreement for all purposes.