Nutragize Terms of Service

Thank you for your interest in Nutragize!

We have posted these Terms of Service to help you understand our respective rights and obligations when it comes to using our website and associated mobile applications, as well as the subscription services we offer through those platforms.

Please review our Terms of Use which were last updated on January 01, 2021.

 

1. Agreement to terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Nutragize, LLC, doing business as Nutragize  ("nutragize", "we", "us", "our"), concerning your access to and use of the www.nutragize.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1.1 Changes to these Terms of Service

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

2. Your Status

By placing an order through our Site, you warrant that:

a)   You are at least 18 years old.

b)   You are legally capable of entering into binding agreement; and

c)   You have read this Agreement and will comply with it;

d)   You consent to our collection of personal data as detailed in our Privacy Policy;

e)   If taking any medication you have sought independent medical advice.

 

3. Intellectual Property Rights

The Services and their contents, features, and functionalities (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, “Nutragize,” the nutragize logo, EnergizeYourNutrition slogan and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors (collectively the “Company Marks”). You agree that you will not use the Company Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.

Subject to the terms and conditions of this Agreement, you are hereby granted a personal, non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Services for their intended purposes. The Company may terminate this license at any time and for any reason, or no reason, subject to the terms and conditions of this Agreement.

Other than as may be specifically and automatically performed by the Services, you agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided to you on our Services, except to the extent permitted by the Services’ functions and features.

You agree that you will not access, use or modify any part of the Services or any services or materials available through the Services for any purpose other than the intended use of the Services. You agree that you will not delete or alter any copyright, trademark, or other proprietary rights notices from any copies of materials from the Services, whether in digital format or hard copy. You agree that you will not attempt to reverse-engineer, decompile, or attempt to derive the source code, algorithms, or modules of our Services.

 

4. Registrations

By becoming a registered user or using the Site, you are agreeing to the terms of this Policy and consent to the processing of personal information as described; if you do not agree with any of these terms, you should not become a registered user and should cease using the Site immediately.

We will assume that you accept our Privacy Policy if you use the Site and we reserve the right to change this policy at any time by amending the content of the Site. Your continued use of the Site will be deemed to be acceptance of these changes.

Your data or information generated from the usage of our Site may be transferred, sold or assigned to another third party as the result of a sale, transfer of business, merger, reorganisation, liquidation or change in control of Nutragize LLC.

 

5. Subscription Policy

All amounts are payable and charged: (i) for one-off purchases, at the time you place your order; and (ii) FOR SUBSCRIPTION-BASED PURCHASES, AT THE BEGINNING OF THE SUBSCRIPTION AND, BECAUSE EACH SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL YOU CANCEL IT, AT THE TIME OF EACH RENEWAL UNTIL YOU CANCEL. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period. YOU CAN CANCEL THE RENEWAL OF YOUR SUBSCRIPTION AT ANY TIME by managing your subscription options on your account. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive products ordered until the end of your current  subscription period.

When ordering, it is your responsibility to ensure that all information submitted to us is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order.

We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with us. We reserve the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity in connection with your order. We will either not charge you or refund the charges for orders that we do not process or cancel.

 

6. Purchases & Payments

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

7. Availability & Delivery

Your order will be fulfilled as soon as reasonably possible, and in any event within 30 days after the day we accept your order unless there are exceptional circumstances or we have notified of out of stocks or delays.

We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

 

8. Reversals & Chargebacks

The Company considers chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services and will be treated as such. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and or theft of services. IN THE EVENT THAT A REVERSAL OR CHARGEBACK CLAIM IS FILED WITH THE CARDHOLDER’S BANK, REFUND REQUESTS WILL BE DENIED TO PREVENT FRAUDULENT ACTIVITY ATTEMPTING TO OBTAIN MULTIPLE REFUNDS.

 

9. Credit Card Processing And Declines

Your credit card charge for your order will read: Nutragize.com on your credit card statement. In the event a credit card transaction declines, after the product has been shipped or received, and you have not exercised your cancellation rights per these Terms, we reserve the right to reprocess the transaction in full.

Contact customer care at care@nutragize.com if you have additional questions regarding credit card declines.

 

10. Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change

 

11. Dispute Resolution

Any disputes shall first be referred to our customer service department. You can contact us via email at care@nutragize.com.

These Terms and any action related thereto will be governed by the laws of the State of Wyoming without regard to its conflict of law provisions that would result in application of any other law.

 

12. Gift and offer codes; referral program

From time to time, Nutragize may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Nutragize in its sole discretion. Only valid offer codes provided or promoted by Nutragize will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Nutragize (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by Nutragize is non-transferable and valid for single use on an item (or items) of merchandise as determined by Nutragize. Offer codes may not be combined and may not be used in conjunction with the Nutragize Referral Program; customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the “offer code” field at checkout. Nutragize is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

 

13. Product Reviews

The Services allow registered users to post reviews, ratings and comments about products purchased through the Site (collectively, "Reviews''), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are not endorsed by Nutragize and do not represent the views of Nutragize. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. That means that you, and not Nutragize, are solely responsible and liable for any Reviews that you post, including the content contained therein. By posting a Review, you grant Nutragize a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised; (b) make the Review available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Review shared on the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Review of yours. You acknowledge that Nutragize may choose to provide attribution of your Review at our discretion. You further grant Nutragize the right to pursue at law any person or entity that violates your or Nutragize's rights in your Review by a breach of this Agreement. You acknowledge and agree that your Review is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Nutragize to publish and otherwise use) your Review as authorized herein.

Nutragize reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that Nutragize is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. Nutragize does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) your review will comply with the terms set forth herein. If Nutragize determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review without notice. Further, Nutragize may remove any Reviews in the event it determines, in its sole discretion, that a Review:

1. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

2. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

3. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;

4. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

5. Constitutes mass mailings or "spamming", "junk mail", "chain letters" or "pyramid schemes";

6. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Nutragize;

7. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;

8. Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;

9. Is unrelated to the topic of the Reviews or products in which such Review is posted; or

10. (i) is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the Services, or (iii) may expose Nutragize or its users to any harm or liability of any type

 

14. Medical & Health Related Information

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use.

This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only. The site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have a medical emergency, call your doctor immediately.

 

15. Limitations of Liability

In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the services, any websites linked to it, any content on the services, such other websites or any services, or products obtained through the services or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

The foregoing does not affect any liability which cannot be excluded or limited under applicable law. However, in no event shall the company’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the lowest amount allowable under the applicable law, or $100.00 if such amount is not provided for by such law. The foregoing limitations shall apply even if your remedies under this agreement fail of their essential purpose. Our liability in connection with any Product purchased through our Site is strictly limited to the purchase price of that Product.

 

16. Indemnification

You agree to indemnify, defend and hold harmless Nutragize LLC, its 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 this Agreement, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account, or your ability or inability to use the Site and Services, including any products purchased thereon.

 

17. Use of the site

You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:

a)   attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;

b)   frame or link to the Site without permission;

c)   use data mining, robots, or other data gathering devices on or through the Site;

d)   post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

e)   disclose personal information about another person or harass, abuse, or post objectionable material;

f)        post advertising or marketing links or content, except as specifically allowed by these Terms;

g)   use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to Blemish or others; or

h)   access the Site from a jurisdiction where it is illegal or unauthorized.

 

18. Third-Party Links And Sites

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Nutragize LLC. We are not responsible for and do 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 sites. These linked 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 we are not responsible for any loss or damage you may incur from dealing with such a third party site. 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.

 

19. DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Nutragize a “Notification of Claimed Infringement” requesting that the material be removed or access to it blocked. The notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);

Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Nutragize to locate the material on the Site;

Your name, address, telephone number, and e-mail address (if available);

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Nutragize a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to care@nutragize.com Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

 

20. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action.

2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control.

4. Impossibility of the use of public or private telecommunications networks.

5. The acts, decrees, legislation, regulations or restrictions of any government.

6. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

21. Disclaimers

We do not promise, covenant, represent, warrant or guarantee that you or any other user of the site will obtain any particular or tangible result or goal through the use of the site, or any product or service made available on or through the site.

Except as otherwise specifically provided, the site and the products offered on the site 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 under applicable law, we disclaim all warranties and guarantees, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

We do not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected or that the site or the server that makes the site available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials on the site 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.

No advice or information, whether oral or written, obtained from us or through the site or services, including in connection with the products, will create any warranty not expressly made herein.

 

22. Waiver

1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

23. Entire agreement

These Terms constitute the entire agreement between the user and Nutragize with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.