The website located at https://www.nutrumbio.com/ (the “Site”) is operated by Nutrum BioTech Inc. Please read these Terms of Use (the “Terms of Use”) fully and carefully before using the Site and the services, features, content, applications, or purchasing products offered by Nutrum BioTech, subsidiaries, and its affiliates (“we”, “us”, “our” or “Nutrum BioTech”) (together with the Site, the “Services”). These Terms of Use set forth the legally binding terms and conditions for your use of the Site and the Services.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.
Acceptance of Terms of Use
The Site is offered subject to your acceptance of this Agreement. BY ACCESSING OR USING ANY PART OF THE SITE, OR PURCHASING ANY PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE NUTRUM SUPPLEMENTS PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE OR PURCHASE ANY PRODUCTS ON THE SITE.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of the Site and such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
These Terms of Use apply to all users of the Site and Services, including, without limitation, registered and unregistered users.
Eligibility
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Information Health Disclaimer
Any and all information included on this Site is intended as general information, but should not be construed as medical advice, healthcare advice, legal advice, nor should it be used to diagnose, treat or address any medical or health problem. The information furnished on the Site should never replace, substitute or supplement the advice and services of a qualified healthcare professional, physician, or other medical practitioner. Before using any of the products of Nutrum Supplements (“Products”), you should consult with your physician or qualified medical practitioner. Results from consuming Nutrum Supplements Products may vary from person to person and are not guaranteed.
Purchasing Items on the Website
All transactions made through the Site are subject to our acceptance, in our sole discretion, and we may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. If payment has already been made and your order is cancelled or limited, we will refund any payment you made for the Product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Payment must be received by us prior to our acceptance of an order, unless otherwise agreed by us. Nutrum Supplements expressly conditions its acceptance of your order on your agreement to these Terms of Use, and to any additional terms and conditions that are provided to you on the Site that govern your purchase of certain Products. By ordering Products through the Site, you agree to provide only true, accurate, current, and complete information. Nutrum Supplements reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the Site without incurring any obligation to you. Prices and availability are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Site, but we reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions. If you purchase any Products on the Site, you shall be responsible for paying any applicable sales tax.
We reserve the right, but undertake no obligation, to monitor for, report, and prosecute actual and suspected fraud on the Site. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order or request additional information, to process your order. We reserve the right to cancel, delay, refuse to ship, or recall from the transit carrier any order if fraud is suspected. We also reserve the right, but undertake no obligation, to submit all records to law enforcement agencies and to third parties, including payment card companies and banks, for investigation into suspected fraud. We reserve the right to cooperate with authorities and third parties to prosecute offenders to the fullest extent of the law.
Subscription Program
The Products may be available to be purchased as subscription plans of various durations. If you purchase a subscription of any Product, you will be enrolled in our subscription program, and your subscription will be automatically renewed at the end of each subscription period, unless you change your subscription or inform us that you do not wish to renew the subscription. At the time of automatic renewal, you will automatically be charged the applicable price, to the payment card you provided or the last payment card provided by you, until you cancel. Refer to Payments and Billing section below for more information about automatic payments. To cancel your subscription at any time, email us at support@NutrumBio.com or call us at (702) 487-4020 at least 3 business days prior to the renewal date.
TESTIMONIAL CONSENT AND RELEASE
Thank you for your willingness to submit a testimonial detailing the experience you’ve had using Nutrum Supplement Products! This testimonial will be used only for promotional purposes on one or more of pages of the Nutrumsupplements.com website, its social media accounts, or in various print, electronic or other advertising or informational material.
In plain English, the language below simply states that:
1. You’re giving Nutrum Supplements full rights to use the testimonial, your name or social media name, and logo for promotional purposes.
2. You are the owner or authorized representative of the business that has the power to grant this consent and release. Also, if for any reason using this testimonial and logo by Nutrum Supplements causes another third party to file suit against us, we are not responsible.
3. This testimonial is the most current testimonial and supersedes any previous testimonials.
1. Consent, Release and Waiver. I, in my individual capacity to the extent my name or likeness is used, irrevocably grant to Nutrum Supplements, its subsidiaries, affiliates, successors and those acting with its authority, with respect to all elements of my testimonial including all text, names, likenesses, artwork, images, my social media usernames, logo, trademark or trade name (collectively, my “Testimonial”): all copyrights and derivative rights in my Testimonial and a non-exclusive, perpetual right to use, publish, re-publish or reproduce my Testimonial by any means Nutrum Supplements sees fit for the limited promotional purpose stated above. I irrevocably waive any claim against Nutrum Supplements relating to the use of my Testimonial and promise not to bring any such claim or action in the future. I also waive any right to inspect, modify, approve or disapprove the layout, presentation or other aspect of my Testimonial after I submit it to Nutrum Supplements and understand that the Testimonial will be the property of Nutrum Supplements.
2. Representations. In giving my Testimonial I represent and that (i) I have the power and authority to grant this consent and release, and (ii) my Testimonial or any related materials will not violate the rights of any third party or give rise to any claim that another party’s rights have been or will be violated as a result of Nutrum Supplements’ use or publication of my Testimonial. I understand and agree that I will be liable to Nutrum Supplements for any damage or cost (including reasonable attorney fees) it may suffer arising out of its use of my Testimonial. I also understand that Nutrum Supplements is not obligated to publish my Testimonial and that if it does, I will not be receiving royalties from Nutrum Supplements.
3. Miscellaneous. This Consent and Release is the entire agreement between me and Nutrum Supplements regarding my Testimonial and it supersedes any previous written or oral communications, and it may not be changed in the future without both Nutrum Supplements and me agreeing to the change in writing. If any part of this Consent and Release is found to be invalid, that invalidity shall not affect the remainder of this Release and Consent. This Release and Consent shall be governed by the laws of the State of Washington and I consent to exclusive personal jurisdiction and venue in Clark County, Washington.
Payments and Billing
Billing
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Services and purchased Products. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use, subscribe to or purchase our Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Products and subscription to such Products in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Recurring Billing
Some of the paid Services, such as the purchase of a subscription plan or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to refill your product supplies. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT AT NutrumSUPPLEMENTS.COM, OR CONTACT US. Subscription cannot exceed 12-months period and customers can cancel anytime during this 12-months subscription period.
Current Information Required
You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made at Nutrumsupplements.com. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid Services under your billing account unless you have terminated your paid Services as set forth above.
Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of Authorization
Your non-termination or continued use of subscription services reaffirms that we are authorized to charge your Payment Method for that paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid Service.
Termination
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your License to Access and Use the Services and Ownership
The content, information, software, designs, materials, functions and data included in and contained on the Services (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Services.
Unless indicated to the contrary and subject to your strict compliance with these Terms of Use, you may access and use the Services and the Site only for personal, non-commercial use, or in connection with your authorized purchase or sale of our Products. In connection with these uses, Nutrum Supplements grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of Services is prohibited.
In the event that we offer downloads of software on a Service and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial use only. Your use of the Software may be governed by additional terms, which may be included with the Software. Please carefully read any additional terms to determine the full extent of conditions governing the use of such Software. We do not transfer title to the Software to you. You may not copy, reproduce, distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Note that if you install certain applications that may be available via the Services, you consent to the download of Software to your Internet Device and accept these Terms and any additional terms related to such application.
We reserve all rights in the Content and the Services that we do not specifically grant in these Terms.
Prohibited Uses
Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Services, the Site or any Content unless you obtain our prior written approval. You also may not use the Services in a way that could harm us or any third party. For example, you may not use the Services in a way that could:
Damage or interfere with the proper working of the Services;
Intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
Give you access to the Services or Content using any interface other than the interface that we provide, or attempt to “scrape” or “harvest” Content, except if you use a “robot” program in connection with a bona fide internet search engine and we do not instruct you not to access the Services using that program;
Frame the Services, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
Convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
Otherwise adversely impact the operation of the Services, the Company, or any third party;
Violate applicable local, state, federal, and international laws or regulations;
Transmit, or facilitate the sending of, any advertising or promotional material without our prior Company written consent, including any “junk mail,” or any other similar solicitation; or
Engage in any other conduct that limits or interferes with anyone’s use or enjoyment of the Services.
In addition to our other legal rights, we may limit or terminate your license to use the Services, or certain features of the Services, at any time and for any reason, without prior notice to you including our belief you violated these Terms.
SMS Terms
Our text messages are intended to provide the consumer with information about the order, as well as additional goods and services that may be offered by Nutrum Supplements. Message and data rates may apply. For more information about our SMS policy, please follow this link: https://Nutrumsupplements.com/sms_terms.
Your Content
By using the Site and posting, uploading, publishing, distributing, or transmitting any content or information, such as pictures, reviews, messages, content, comments, feedback, suggestions, ideas, or submissions, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, sublicense, and sell such content in any form, in all media now known or hereinafter created, anywhere in the world. You agree to irrevocably, perpetually, and unconditionally waive any claims based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You shall, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we shall own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any comments. We are and will be under no obligation: (i) to maintain any comments in confidence; (ii) to compensate you or any third party for any comments; or (iii) to respond to any comments. You further represent and warrant that you are the sole author and owner of such content and that to the best of your knowledge such content does not infringe on the rights of any other third parties or would cause any harm to any other third parties. In addition, you grant Nutrum Supplements the sole and exclusive right to remove, alter, or change the content and to bring any legal actions regarding such content on your behalf. You also authorize Nutrum Supplements to use your content for marketing purposes on its Site, and its social media accounts. You shall remain solely responsible for the content of any comments you make.
Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association with us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Disclaimer of Warranties
THE SITE IS HEREBY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NUTRUM SUPPLEMENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. COMPANY MAKES NO CLAIMS, GUARANTEES, OR REPRESENTATIONS THAT THE SITE WILL MEET ALL USER REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, TIMELY, OR FREE OF DEFECT. COMPANY MAKES NO CLAIMS, WARRANTIES, OR GUARANTEES AS TO THE RELIABILITY, ACCURACY, OR QUALITY OF THE INFORMATION CONTAINED ON THE SITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY AND ALL MATERIALS, INFORMATION, IMAGES, AUDIO, FILES, DATA, OR ANY OTHER ELECTRONIC COMMUNICATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE SITE, INCLUDING LOSS OF DATA, FAILURE OF COMPUTER SYSTEM, INTRODUCTION OF A VIRUS TO NETWORK OR HARD DRIVE, OR ANY OTHER ISSUES. NO ADVICE, INFORMATION, GUARANTEE, STATEMENT OF WARRANTY, OR COUNSEL, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY THROUGH THE SITE SHALL CREATE ANY WARRANTY WHATSOEVER.
Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Use, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or another right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT UNDER NO CIRCUMSTANCES WILL Nutrum SUPPLEMENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE USE OF, OR THE INABILITY TO USE, PRODUCTS PURCHASED ON THE SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, PRODUCTS, OR WEBSITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS TRANSMITTED ON THE SITE; (5) WITHOUT LIMITATION ANY DAMAGES, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF Nutrum SUPPLEMENTS OR ITS REPRESENTATIVES ARE INFORMED OR ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NUTRUM SUPPLEMENTS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS, VIRUSES, OR ANY OTHER HARMFUL DATA. COMPANY DOES NOT WARRANT NOR GUARANTEE THAT ACCESS TO SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY POSSIBLE DEFECTS WILL BE CORRECTED. ALTHOUGH COMPANY STRIVES FOR COMPLETE PROTECTION OF CONFIDENTIAL INFORMATION, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION THAT CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED ON SITE WILL BE MAINTAINED.
NUTRUM SUPPLEMENTS’ LIABILITY FOR PAYMENT TO YOU, FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU AND RECEIVED BY Nutrum SUPPLEMENTS, IF ANY, WITHIN THE 60 DAYS PRECEDING THE DATE IN WHICH YOUR CLAIM AND/OR CAUSE OF ACTION FIRST BECOMES KNOWN TO Nutrum SUPPLEMENTS. Nutrum SUPPLEMENTS WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THE TERMS, IF SUCH FAILURE OR DAMAGE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET OUTAGES, POWER OUTAGES, COMMUNICATION OUTAGES, STRIKES, WAR, AND ACTS OF GOD. THE TERMS OF THIS SECTION SURVIVE ANY TERMINATION OF THE TERMS.
IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF WASHINGTON. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Uses must be filed within one (1) year after such claim of action arose or be forever banned.
Severability
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Clark County, WA.
Modification
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes.
Miscellaneous
Entire agreement and severability
These Terms of Use are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
Force majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment
These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Coupon codes
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. Nutrum Supplements reserves the right to change or limit coupon codes in its sole discretion.
Agency
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Notices
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@nutrumbio.com
No waiver
Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings
The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.
