MAKE SURE YOU READ AND AGREE THIS DOCUMENT BEFORE THE PURCHASE OF OUR PRODUCT.
ATTENTION: This paper constitutes a binding agreement between Truly Nutritional (The Company) and YOU (the individual or entity purchasing the product. The company is the owner and sole manager of this Website and all the features herein.
PLEASE REVIEW THIS ENTIRE DOCUMENT BEFORE ACCESSING THE WEBSITE, OR USING OR PURCHASING ANY OF OUR PRODUCT.
A. These pages, as well as any additional covenants, terms or conditions, and any hyperlink in the document are collectively the Terms or Terms and Conditions. This involves an agreement made by you and the Company, and relates to your use of the entire website.
B. The terms are intended to be bound by the Electronic Signatures in Global and National Commerce Act. You indicate your agreement to the terms of this document by clicking the button that says “I agree” or something similar or by accessing the Website without clicking the button, even if you haven’t read the Terms and Conditions. Print out this form for your records and future understanding of what you have agreed to.
C. The Company reserves the right to amend, revise and modify this document, along with our other documents as they relate to our website without notifying you in advance. Check this document over on a period basis so that you can be informed of any changes.
D. I you don’t wish to abide by the terms of this document, you cannot use or enter the website, nor can you purchase any products through the site. You should instead exit the website immediately. When you access the site, use the site or order products by the Company, you are affirming that you have read the Agreement and understand it. It means you agree to it and consent to all terms herein. You must also agree not to access the site if it means violating the laws of your province, country or state.
E. Read the “Last Modified” date at the bottom of this page. If it is unchanged from when you last read the agreement, you can safely use the site and you be reassured that the terms have not changed. A change in the “Last Modified” date means the terms have been altered and you need to read it again as the most recent date is what supersedes all other documents.
2. POLICIES ON ORDERING FROM THE SITE.
Feel free to ask any questions of the customer service department using our toll-free number at 1-800-682-5579. The customer service department is open M-F 8am to 4pm PST.
We offer our product in various packages. For example:
A. One month supply costs $18.99
All items available for shipping leave our company through US Postal Service First Class. Items are mailed the day after your order. Orders placed on Saturday and Sunday will be sent out the next day the Post Office is open. Shipments are not mailed out on the weekend or on holidays.
YOUR SATISFACTION IS IMPORTANT TO US: We want you to be happy with our services and products. If you are ever unsatisfied, contact our customer service office at 1-800-682-5579. You can ask for a refund. A special team in customer service will handle your specific request for a refund.
A. Customers can only receive one refund per product ordered. Repetitive refunds are absolutely not allowed unless you were delivered a defective product. The Company reserve the right to refuse a cash refund to anyone who does so repetitively or who appears to request refunds in poor faith.
B. To get a refund, you need to give the Company your name and address of delivery. Your refund will be delayed if the information you give us is insufficient or wrong.
C. The refund may take up to thirty days to show up on your credit card or bank statement, depending on what bank it is issued from. Call the customer service department to verify that the refund has been issued.
D. Credit cards. When you order the product, you authorize by phone to have your credit card charged by the Company. The authority remains in effect until such time as you cancel future orders from us. Be aware of the descriptor that appears on your credit card entry. It should say Truly Nutritional. If you have questions about what this descriptor is, call our customer service department at 1-800-682-5579.
E. Modification of prices and items. The company reserves the right to change the prices we charge for our product or to remove or add any product. Any price quote you have been given before the price modification will be honored.
F. Billing problems. If you think you have been billed erroneously, call the customer service department as soon as you see such an error.
WE CANNOT HONOR RETURNS OF EMPTY BOTTLES!
3. DISCAIMERS AND REPRESENTATIONS
A. We intend to give you the best products available and we believe completely in the efficacy of every item we sell. You must understand, on the other hand, that our products have not been evaluated by the FTC and that they are not intended to treat, diagnose, cure or prevent any specific disease. Your results will be different than others who use the product.
B. You must agree to have consulted or will consult with a medical doctor before using our product. You will stop usage of our product if at any time you feel as though you are experiencing any unintended side effect or ill feelings from our product.
C. We try to give you with accurate information regarding our products. We get this information, which we pass along to you, from third parties like news agencies, research entities, scientific reports and scientific entities. We don’t represent that the information provided by these third parties is error-free and we don’t represent or endorse these third parties, including their methods and conclusions. Product specifications, including any performance data and other data placed on the website is for your information and illustration only. They do not constitute a guarantee nor do they guarantee that our product will conform to another’s performance data or specifications.
D. We do not represent nor provide warrantee that our products will provide you with any particular benefits or that your results will be the same as others who have used our product. All results vary depending on the person.
E. You need to look back at the manufacturer’s specifications or warranty documents to find out what your rights and remedies are with regard to the product.
4. OWNERSHIP and INTELLECTUAL PROPERTY.
A. The images and content on the website (known collectively as the “Materials”) are the exclusive and sole property of the Company or its licensors. No license or ownership to the Materials are allowed by you as a result of this document or by purchasing product from our website.
B. These materials are protected under the trademark and copyright laws of the USA. Unless you are otherwise permitted by law, you cannot reproduce any of this material without the written permission of the Company.
5. YOUR REPRESENTATONS:
You must warrant and represent the following:
A. That you are eighteen years of age or older.
B. That you have read this document and thoroughly understand its terms and conditions.
C. You will use this product for your own personal and non-commercial use.
D. That you will not re-distribute, re-sell or export any of the product you have purchased from the website.
E. That the company has the right to rely upon the truth of the information you gave us.
F. That the Company can contact you via phone, postal mail, or email for any purpose, including follow up calls, customer satisfaction surveys, order inquiries or for any other purpose.
6. RESTRICTIONS. Unless you have prior written authorization from the Company, you cannot:
A. Create any derivative bodies of work based on the website or its materials.
B. Duplicate the website except as expressly provided elsewhere in this document or as is allowed under the law.
C. Remove copyright notices or any other proprietary notices from the website or as can be found in it’s materials.
D. Use any framing techniques in connection with the Website or any of the materials. You may not frame any of these items.
E. Use any meta-tags or apply any hidden text within the website’s marks or names.
F. “Deep link” from any page to any page on this website.
G. Use encryption or circumvent our encryption or any other security tools the Company uses (including user name theft and passwords) to access a restricted part of the website.
H. Make use of any bots, data mining, or similar tools used for gathering data on the website.
I. Use any software, device or routine that could bypass an operational element of the website. You may not interfere or try to interfere with the working of the website, its server or other activities of the Company.
J. Do not take any action that overloads the Website or its network infrastructure.
A. This agreement as set forth on this document will stay in force for as long as the website is accessed by you, use the website’s features or order anything from the Company.
B. We, the Company, can terminate the agreement without notice. We can refuse to sell to anyone who we believe has, through our sole discretion:
I) Violated the terms and conditions in this document.
ii) Abuses our products.
iii) is unable to provide us with a verifiable name, address and other information related to contacting you.
8. LIMITATION OF LIABILITY: NO WARRANTIES.
A. In no way should the Company, its directors, its employees, its officers or subcontractors be held liable for any special, indirect, exemplary, incidental, consequential, or punitive damages in case of any action against the Company whatsoever, including but not definitely limited to strict liability, contract, tort, warranty or other aspects of the law. The company shall not be held liable for any Claims held against us as a result of this document, the products, or the product’s use of the website or product.
B. Except as otherwise specified in this document, all products, services, and the website itself are delivered on an “as is” basis without any warranty.
C. You agree that the Company’s entire liability for all claims held against us should amount to the lesser of $500 USD or the total amount you paid the company in the one month period prior to the event on which the claim is based. This shall apply for all claims, even those that the Company was advised in advance of the damages being asked for and results in our limitation of liability.
D. Those representations and warranties set forth in this document are the only warranties and representations set forth in this Agreement and all other warranties, written or oral, implied or expressed do not apply. None of these warranties extend to a third party. Some exclusions do not apply to you depending on where you live and the laws that apply to your locale.
By abiding by this document, you agree to hold harmless, defend and indemnify the Company, its employees, shareholders, directors, officers, agents and telecommunication providers, from any and all actions, losses, claims, liabilities, costs, expenses, or demands, including all legal and accounting fees, for any damages that may be directly, indirectly, or consequentially resulting from or allegedly resulting from your misuse or lack of ability to use the website or your breach of this document. If there is a class action lawsuit we will contact you immediately by electronic mail that the suit exists and will defend ourselves in such a lawsuit. If we do not here from you promptly, we deserve the right to defend the claim and will seek full recompense from you.
Any notification required to be given because of this document to you must be received by you via post or email. If the notice is sent via email, it will be sent to the last known email address you gave us and shall be deemed delivered at that time. Notices to the company are to be sent to: Truly Nutritional, Attn: Legal, PO Box 805, La Jolla, CA 92038.
11. FORCE MAJEURE.
The company will not be held accountable for failure to perform its duties as a result of an act of God, war, rioting, fuel shortages, arson, labor shortages, failure of telecommunications, material shortage, embargoes, or damage to the computer infrastructure, such as hacking, computer failure, SPAM, or server damage for as long as these acts slow our performance.
* Governing law. This document and all matters regarding it shall be presumed to be governed exclusively out of the state of Texas, excluding times of conflict of law. The venue for those items arising out of this document exists in the community of Midland, Texas and the parties must submit to this jurisdiction in any state or federal matter.
* Rights to an injunctive relief. Both parties must acknowledge that remedies under the law may not be adequate to provide compensation should the other breach the legal process and that an aggrieved party should be allowed to have injunctive relief in the event of any breach, in addition to the ability to seek out other remedies available under the law or in equity.
* Assignment. The liabilities and rights of the parties will bind and inure as exists to the benefit of their own assignees, executors, successors, and administrators.
*Severability. If a competent court or arbitrator finds that an aspect of this document is unenforceable, that provision will be enforced instead, to the maximum extent permissible. The rest of the document will say in affect, in full force.
* Attorney Fees. If any party commences an action, claim or arbitration in order to interpret or enforce the terms and agreements of this document, the prevailing party in this type of action shall be entitled to cover, in addition to other relief, the reasonable attorney’s fees and applicable costs, including attorney’s fees on an appeal situation.
*No waiver. No waiver by or of the Company shall be deemed to be a waiver of any subsequent default regarding the same provision of this document. If any clause, provision or claim is held invalid or unenforceable by a court of law, such invalidity shall not apply to the operation of any other provision, term or clause in the document and the invalid aspect shall be considered to be completely severed from this document.
* Headings. All headings are demonstrated for reference and do not affect the true meaning or construction of the document.
*Complete Agreement. This document constitutes the complete and total agreement between the parties in any aspect of your access and use of the site, as well as the ordering of the products and shall supersede and replace prior agreements, whether they be oral or written.
*Modifications. The company reserves the right to alter any aspect of the document herein and you must agree to review these terms and conditions each time you spend time on the site. Your ongoing use of the site infers that you agree to the terms and conditions of this document.
The company will not hold forth any obligation to notify you whenever anything has changed in the Terms and Conditions. Unless acceptable by the Company in writing, you may not amend or change this document.