Terms and Conditions of Nootrify global web sites and The Purchase of Products from Nootrify at www.nootrify.com.
The following terms and conditions govern your use of these Sites, located at http://www.nootrify.com and the purchase of products by you through this Site. By using this Site, placing an order with us or submitting a purchase order to us, you are indicating your acceptance of the following terms and conditions (the "Terms and Conditions"). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time.
1. NOT HEALTHCARE ADVISE
This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site (directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options. The information provided on this Site and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging. 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 consult with your Healthcare 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 person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements.
2. AGREEMENT; OTHER DOCUMENTS; CHANGES.
You and Nootrify agree that your order is an offer to purchase the products listed in your order ("Products") on the terms and conditions listed below which will become a contract ("Agreement") when accepted by Nootrify via confirmation that specifically references your order or when Nootrify ships to you the Products you ordered, whichever occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an acceptance by Nootrify. When you send your order to purchase Products through Nootrify web sites, that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Agreement on behalf of yourself or any party you represent.
This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and Nootrify.
If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.
3. GOVERNING LAW.
EXCEPT FOR CALIFORNIA'S CONFLICT OF LAW PROVISIONS, THE LAWS OF THE STATE OF CALIFORNIA WILL GOVERN THE SALE OF PRODUCTS SOLD IN THE UNITED STATES.
4. PAYMENT TERMS.
Nootrify accepts only those credit cards mentioned on the product ordering screens as the payment options for your purchase. Your credit card will not be charged until the Products listed in your order are shipped.
5. SHIPPING CHARGES; CUSTOMER LOCATION.
Separate charges for shipping will be added to the cost of the Products. Nootrify will only accept orders from billing and shipping addresses located within the 50 United States, the District of Columbia, Canada and European countries mentioned on the product ordering screens as ship to options. Not all prices include charges for shipping and handling or VAT charges. Separate charges for shipping, handling and VAT will be shown on the invoice. Nootrify reserves the right to limit quantities.
All applicable local, city, state and/or country taxes are your responsibility and will be applied to the order. You agree to pay these taxes. Nootrify does offer VAT back to parties who request it based on evidence that they are already VAT registered in the country that their order has been shipped to. Full details on this program are included in the FAQs.
Nootrify will ship the Products to you, as applicable, with title and risk of loss passing to you upon Nootrify' delivery of the Products to the first common carrier.
You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.
9. CAPACITY TO CONTRACT.
You represent to us that you are of the legal age of majority in your state or country of residence and/or that you are duly authorized by your employer to use this Site.
10. GOVERNMENTAL AUTHORIZATIONS.
You are solely responsible for obtaining any licenses or other governmental authorizations related to your use of the Products that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies. Neither Nootrify nor any of its employees is your agent or representative in governmental matters.
THE STANDARD LIMITED WARRANTY APPLICABLE TO EACH OF THE PRODUCTS YOU PURCHASE UNDER THIS AGREEMENT IS DESCRIBED ON THE SITE. THE ACTUAL LIMITED WARRANTY STATEMENT THAT APPLIES IS INCLUDED IN THE DOCUMENTATION PACKAGED WITH THE PRODUCT. Nootrify DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR COUNTRIES DO NOT ALLOW AN EXCLUSION OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Nootrify reserves the right to modify its warranties prospectively at any time, in its sole discretion.
12. COMPLIANCE WITH RETURN POLICIES.
You agree to comply with and be bound by the return policies in connection with returns of products purchased through this Site. Our current return policy (link located in the bottom section of this Site) is incorporated herein by reference and made part of these Terms and Conditions. Nootrify' "30 Day Return Policy" that is in effect on the date of invoice applies only to the Products you purchase under this Agreement.
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
14. DISCLAIMER AND LIMITATION OF LIABILITY AS TO THIS SITE.
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Certain content from third party vendors may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Web site.
15. COMPLIANCE WITH THE LAW; RESALE SALES NOT INTENDED.
You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Products or this Agreement. You agree and represent that you are buying for your own internal use only, and not for resale. Nootrify has separate terms and conditions governing purchase for resale.
16. COMPLIANCE WITH LAWS.
17. COPYRIGHT AND TRADEMARK NOTICE.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of Nootrify, The Online Store, or their content suppliers and is protected by United States and international copyright laws. All software used on this Site is the property of the Online Store or its software suppliers and protected by United States and international copyright laws.
All marks indicated as registered on this Site are registered trademarks of Nootrify, in the United States and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Nootrify, The Online Store or their content suppliers. The trademarks and trade dress on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of the United States. The products offered here are solely for the use of our customers. You may not assign your rights or obligations under these terms and conditions without our express written consent.
20. HOW TO CONTACT US.
If you have any comments or questions, please do not hesitate to contact us by clicking here.
THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.