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Last Updated: November 2007
- Introduction
- Healthcare Advice
- Copyright and Trademarks
- Warranty - Disclaimer
- Orders
- Order Returns
- Prices and Currency
- Pricing or Typographical Error
- Quantity Limits and Items for Resale
- Limitation of Liability
- Site Usage/Termination of Usage
- Applicable Law - Jurisdiction
- Severability - Interpretation
- Entire Agreement
- Changes to Terms of Use
- Miscellaneous
1. Introduction
Welcome to Nutritionally Healthy. This Terms of Use Agreement sets forth the Agreement between Nutritionally Healthy LLC ("Nutritionally Healthy" or "we") and each user ("you" or "user") governing the use by you of this site. All orders accepted herein are fulfilled by Nutritionally Healthy LLC, or one of its affiliates, which is subject to all of the provisions set forth herein. Please read this Agreement carefully before using this site. By using this site, you signify your agreement to this Terms of Use Agreement. If you do not agree to the terms and conditions contained in this Terms of Use Agreement, you may not access or otherwise use this site. This Agreement does not apply to any transaction or relationship between the parties that is not related to the use of this website and/or the purchase and sale of merchandise through this website.
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2. Healthcare Advice
The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding treatment options.
The information provided on this site and Linked Sites, including without limitation
information relating to medical and health conditions, products and treatments,
is often provided in summary or aggregate form. It is not intended as a substitute
for advice from your Health Care Professional, or any information contained
on or in any product label or packaging. You should read all package labelling
carefully. Do not use a product which has a missing or damaged instruction/caution
label.
You should not use the information or services on this site for diagnosis or
treatment of any health issue or for prescription of any medication or other
treatment. You should always speak with your Health Care Professional, and carefully
read all information provided by the manufacturer of a product and on or in
any product label or packaging, before using any medication or nutritional,
herbal or homeopathic product, before starting any diet or exercise program
or before adopting any treatment for a health problem. Each individual is different,
and the way you react to a particular product may be significantly different
from the way other people react to the same product. You should also consult
your physician or Health Care Professional regarding any interactions between
any medication you are currently taking and nutritional supplements.
Nutritionally Healthy is not responsible for any product or service sold on or
through this site or any claims of quality or performance made on or through
this site, including any claims of quality or performance made on or through
any site to which this site links (each a "Linked Site"). You are advised that
other sites on the Internet, including without limitation Linked Sites, might
contain material or information that some people may find offensive or inappropriate;
or that is inaccurate, untrue, misleading or deceptive; or that is defamatory,
libelous, infringing of others’ rights or otherwise unlawful. Nutritionally
Healthy expressly disclaims any responsibility for the content, legality, decency
or accuracy of any information, and for any products and/or services, that
appear on any Linked Site.
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3. Copyright and Trademarks
All website design, text, graphics, sound, software and other content, and the
selection and arrangement thereof, are the property of Nutritionally Healthy
or its licensors, and are protected by United States and international copyright
law. All rights to such materials are reserved to their respective copyright
owners. Permission is granted to electronically copy and to print in hard copy
only those portions of this website for the sole purpose of placing an order
with Nutritionally Healthy or using this website as a shopping vehicle.
Any other use of materials on this site, including without limitation reproduction for purposes other than
noted above, modification, distribution, replication, commercial or other exploitation, or creation of
derivative works, without the prior written permission of Nutritionally Healthy, is strictly prohibited.
Nutritionally Healthy, and all logos, page headers, custom graphics and icons are service marks and/or
trademarks of Nutritionally Healthy or its licensors or affiliates. All other trademarks, service marks,
product names and company names or logos that appear on this site are the property of their respective owners.
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4. Warranty - Disclaimer
Nutritionally Healthy is providing this site and its contents on an "as is" basis.
Nutritionally Healthy and its officers, directors, employees, agents, licensors, suppliers, content providers
and the like (together, "affiliates") make no representations or warranties of any kind, express
or implied, with respect to this site or its contents, including without limitation the products, information
or services offered or sold on or through this site or any Linked Site and the uninterrupted and error-free use
of this site. Nutritionally Healthy and its affiliates expressly disclaim all such representations and warranties,
including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a
particular purpose and non-infringement. Nutritionally Healthy and its affiliates do not warrant that the site or
files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code.
No oral or written statements by Nutritionally Healthy or its affiliates will create any warranty not expressly set forth herein.
Your use of this site and any Linked Site is at your sole risk.
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5. Orders
Please note that there may be certain orders that we are unable to accept and
must cancel. We reserve the right, at our sole discretion, to refuse or cancel
any order for any reason.
Some situations that may result in your order being canceled include limitations
on quantities available for purchase; inaccuracies or errors in product or
pricing information; product or ingredient restrictions mandated by local,
state, national or international regulations; or problems identified by our
credit and fraud avoidance resources. We may also require additional verification
or information before accepting any order. We will contact you if all or any
portion of your order is canceled or if additional information is required
to accept your order.
If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Nutritionally Healthy strictly follows all national and international regulations regarding the sale,
purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States or abroad.
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6. Order Returns
Items purchased from one of our affiliate links are governed by the Return Policies
of the respective site. Please refer to each site’s policy for instructions.
Items you buy directly from Nutritionally Healthy LLC may be returned (unopened
product with accompanying receipt) within thirty days of purchase for a full
refund, less shipping, by mail to :
Nutritionally Healthy LLC
P. O. Box 449
Montville, NJ 07045,
ATTN: Returns
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7. Prices and Currency
The prices displayed on this site are quoted in U.S. Dollars and are valid and
effective only within the United States, and such prices do not include shipping
and handling or sales taxes, if applicable, which will be added to your total
invoice price. Please be sure to check the currency for any Linked Site you
may transact with. You are responsible for the payment of any shipping and
handling charges and state and local sales or use taxes that may apply to your
order. International shipment rates vary based on total package weight and
final destination. International orders are subject to all regulations, then
in effect, for the product or product ingredient. All pricing does not include
duties, insurance costs, tariffs, or value-added taxes. If assessed, these
charges are the responsibility of the package recipient, who will be billed
for them by the local Customs office.
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8. Pricing or Typographical Errors
We work hard to provide accurate product and pricing information.
However, pricing or typographical errors may occur.
In the event that an item is listed at an incorrect price or with incorrect information due to an error in
pricing or product information, Nutritionally Healthy shall have the right, at our sole discretion, to
refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either
contact you for instructions or cancel your order and notify you of such cancellation.
Prices and availability are subject to change without notice.
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9. Quantity Limits and Items for Resale
Nutritionally Healthy reserves the right to limit the quantity of items purchased
per person, per household or per order. These restrictions may be applicable
to orders placed by the same account, the same credit card, and also to orders
that use the same billing and/or shipping address. We will provide notification
to the client e-mail and/or billing address provided should such limits be
applied. Nutritionally Healthy also reserves the right to prohibit sales to
dealers/resellers.
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10. Limitation of Liability
NUTRITIONALLY HEALTHY LLC AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT
LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES,
(III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED
ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE
LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR
INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF
SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN NUTRITIONALLY HEALTHY LLC AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH
THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR
THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability of Nutritionally Healthy and its affiliates
for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount
paid by you for any product, information or service purchased by you from Nutritionally Healthy on this site.
You agree to indemnify, defend and hold harmless Nutritionally Healthy and its affiliates against all claims,
demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable
attorneys’ fees, resulting or arising from or relating to your use of or conduct on the site, any activity
related to your account by you or any other person, any material that you submit to, post on or transmit through
the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.
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11. Site Usage/Termination of Usage
You agree to maintain the security of your account on the site, including the security of your password
and other confidential information relating to the use of the site and your account on the site. You agree to
be responsible for all charges resulting from the use of your account on the site, including charges resulting
from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your
password and notifying Nutritionally Healthy.
You agree to use this site only for lawful purposes, and that you are responsible for your use of and
communications on the site. You agree not to post on or transmit through this site any unlawful, infringing,
threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise o
bjectionable material of any kind, including without limitation any material that encourages criminal conduct
or conduct that would give rise to civil liability, infringes others’ intellectual property rights or
otherwise violates any applicable local, state, national or international law. You agree not to use this site
in any manner that interferes with its normal operation or with any other user’s use and enjoyment of
the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access our website by any means except through the interface provided by
Nutritionally Healthy for access to the site. You agree that you will not access this site from any territory
where its contents are illegal, and that you, and not Nutritionally Healthy and its affiliates, are responsible for compliance with applicable local laws.
These terms are effective unless and until terminated by either you or Nutritionally Healthy.
You may terminate this Agreement at any time, provided that you discontinue any further use of this Site.
Nutritionally Healthy also may terminate or suspend this Agreement, at any time, without notice, and
accordingly deny you access to the site, if in Nutritionally Healthy’s sole discretion you fail
to comply with any term or provision of this Agreement or your use is harmful to the interests of another
user or Nutritionally Healthy or its affiliates. Upon any termination of the Agreement by either you or us,
you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies
of such materials, whether made under the terms of use or otherwise.
You agree that Nutritionally Healthy may terminate or suspend your access to all or part of this site,
without notice, for any conduct that Nutritionally Healthy, in its sole discretion, believes is in violation
of these Terms of Use or any applicable law or is harmful to the interests of another user, Nutritionally Healthy or its affiliates.
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12. Applicable Law - Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey
without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of
New Jersey and further agrees that any cause of action arising from or relating to the use of this site or
this Agreement shall be brought exclusively in Federal or State Courts for Morris County, New Jersey.
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13. Severability - Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction,
the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall
be deemed to be followed by the words "without limitation."
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14. Entire Agreement
This Agreement constitutes the entire and only Agreement between Nutritionally
Healthy and each user of this site with respect to the subject matter of this
Agreement and supercedes any and all prior or contemporaneous Agreements,
representations, warranties and understandings, written or oral, with respect
to the subject matter of this Agreement. You agree to review this Agreement
prior to your use of this site and your use of this site shall be deemed acceptance
of and agreement to this Agreement by you.
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15. Changes to Terms of Use Agreement
This information was last updated on November 2007. Nutritionally Healthy may,
in its sole discretion, amend this Terms of Use Agreement from time to time.
Please check this Agreement area periodically for changes. Use of this website
after any modification implies your consent to this Agreement as modified.
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16. Miscellaneous
The failure of Nutritionally Healthy or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a
waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or
any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or
relating to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
The "Warranty - Disclaimer" and "Limitation of Liability" provisions of this Agreement are for the benefit of Nutritionally Healthy and its
affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
With the prior agreement of Nutritionally Healthy, any claim, dispute or controversy arising or concerning this site and/or this agreement
shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration pro brought and held
in Morris County, New Jersey, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award
of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.
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