The following terms and conditions (“Agreement”)  govern the use of the Mind and Body Nutrition, LLC. website (“Website”). The Website reserves the right to change this Agreement that governs Buyer’s use of the Website. Use of the Website following any such change constitutes Buyer’s agreement to follow and be bound by the amended Agreement. The Website may make these changes without your consent, without notice, and at Website’s sole discretion, which may be exercised unreasonably.

Parties to this Agreement and Disclaimer

The parties to this Agreement are the Website or its owners (“Sellers”), and you, the prospective purchaser (“Buyer”). Persons or entities who are not participants in this Agreement but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as third party or third parties (respectively, “Third Party” or “Third Parties”). The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering Buyer with the same rights, duties, and obligations as the “Buyer”.


Not FDA Approved Any statements made about products and/or nutritional supplements have not been evaluated by the Food and Drug Administration (“FDA”). They are not intended to diagnose, treat, cure or prevent any condition or disease. Mind and Body Nutrition, LLC. makes no endorsements, guarantee or recommendations regarding the safety or efficacy of dietary supplements and shall be held harmless for any losses or damages that may result from Buyer’s usage or application including, but not limited to, economic loss, injury, illness, or death. Any dietary supplement(s) Buyer purchases from Mind and Body Nutrition, LLC. and applies/uses, Buyer does so at his or her own risk. Buyer should not exceed the recommended daily dosage.

Some of the herbal products contain phytochemicals that are not ordinarily found in typical food sources and may produce a powerful physiologic effect, therefore indiscriminant use of any herbal product is not recommended except under the direction of a trained health care professional. In addition to the phytochemical effect, there may be drug interactions that may produce reactions or interfere with the efficacy of prescription medication.


Disclaimer of Medical Advice By reading this disclaimer, Buyer understands that this Website does not provide any medical advice. If you are seeking medical advice, please consult a medical professional. If Buyer suffers from any medical conditions, including but not limited to, diabetes, high blood pressure, low blood pressure, pregnancy, eating disorders, or heart disorders, you should obtain your doctor’s approval prior to purchasing any Product off this Website. Buyer should download supplement facts from the website and consult with their physician before using this product as this product may have different or more potent effects than similar supplements that Buyer has used in the past. If you suffer from one or more allergies, please obtain your doctor’s approval prior to purchasing any Product off this Website. This Website recommends that women who are either pregnant or nursing do not use this Website.


Subject Matter of this Agreement The subject matter of this agreement is the Product herein described on this Website and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the Product that is the subject matter of this Agreement. Any bundle of offerings, including additional items promoted on the order page, shall together be termed product (“Product(s)”) throughout this Agreement but the word Product shall also incorporate all elements offered in any sale, whether digital, dimensional or other license or right, and will include all sales or promotional materials.


Shipping Terms and ConditionsAll orders placed are shipped out during normal operating business hours. We will ship all domestic orders based on your selection at checkout. All shipments, domestic and international, are only shipped via USPS, UPS or FedEx. The Buyer will not incur any additional shipping charges other than what was paid for during checkout.


Refund PolicyAll Products are sold “as -is” without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. The Seller warrants and guarantees nothing with regard to the Product sold. There is no period of warranty for the products.

If the Buyer is purchasing a Product, through this Website, that is provided or made by a Third Party, the Buyer must look to the Third Party for warranties or guarantees, and understand that the warranties or guarantees of the Third Party are Buyer’s only recourse for refunds of Product.


Rights and Obligations of the Buyer The Buyer must pay the full consideration for the Product that the Seller requires as the total price of the Product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, Product updates, Product recall notices, Product improvements, telephone calls from the Seller and/or telemarking organizations and/or pollsters for the purpose of solicitation related to the instant Product or any other Product purchased. Buyer agrees to post-sale contact from joint venture partners of the Seller or from others who have a commercial relationship with the Seller. Buyer agrees that all personal information about the Buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and Buyer agrees that this information may be shared, rented or sold to Third Parties. However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the “unsubscribe” link in solicitations. Moreover, the Buyer retains the right to refuse specific contact with some Third Party solicitors and maintain it with others. The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer’s agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred to by the Seller. Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he retains all rights to directly restrict communication or solicitation from any party including the Seller.

The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this Product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.

The Buyer understands that cookies will be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering an e-product and which will be able to determine if you retain the right to access the Website. Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Seller’s computer and thereby transmit and receive information.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and taxes at the time the Product is received. If it should happen that the Seller’s courier or freight account is charged for custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer’s credit card for said charges or for the return of goods if they are refused at the point of destination. Buyers are responsible for laws governing the importation and use of Product and additional fees associated with the importation of the Product and or the refusal of importation of the Product and the customer’s loss of use.


Credit Card Charges, Credit Card Fraud or Chargeback Penalties
If at any time a credit card payment is withdrawn it shall be considered a chargeback from the customer. When a chargeback is executed to bypass a procedure in the Agreement or to break the purchase contract in any way it is a violation of the Agreement. Buyer warrants that he or she agrees and complies with the entire Agreement as part of the credit card transaction. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per transaction that violates this Agreement, plus actual damages, and agrees that all information collected by this Website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers, as well as, any other agency or law enforcement that is appropriate in the circumstances.

If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he or she authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud.

Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.

Buyer agrees that if he or she causes a fraudulent dispute claim that results in a charge back against the Seller’s account, that the Seller is authorized to re-charge the Buyer’s credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate action in violation of this agreement the Buyer commits.


Fulfillment Obligation
The Seller reserves the right to refuse fulfillment on any order for any reason. Whenever this right is executed, a full refund will be given. When product is in stock, the operators of this Website will fulfill the order as soon as possible, typically within 48-72 business hours of purchase. However, under certain circumstances, including but not limited to inclement weather, holidays, backorders, production delays, and more, fulfillment may be delayed. The customer may cancel his or her order at any time if his or her order has not been fulfilled.


Assumption of Risk
Buyer agrees to accept all risk associated with the use of this Product, including but not limited to, ingestion of or application to Buyer’s person, the use of the Product personally or in business, all taxes and regulations applicable to this Product, all legal compliance issues related to this Product. Buyer warrants and understands that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this Product.


Privacy Policy and Use of Personal Information
The following section will be referred to collectively as the privacy policy (“Privacy Policy”).

Website collects user submitted information such as name, email address, and age to authenticate Buyers and to send notifications to those Buyers relating to the Website service. 
Website also logs non-personally-identifiable information including IP address, aggregate user data, and browser type, from users and visitors to the Website. This data is used to manage the Website, track usage and improve the Website services. This non-personally-identifiable information may be shared with Third Parties to provide more relevant services and advertisements to Buyers. User IP addresses are recorded for security and monitoring purposes.


Privacy Policy and Use of Personal Information
The following section will be referred to collectively as the privacy policy (“Privacy Policy”).

Website collects user submitted information such as name, email address, and age to authenticate Buyers and to send notifications to those Buyers relating to the Website service. 
Website also logs non-personally-identifiable information including IP address, aggregate user data, and browser type, from users and visitors to the Website. This data is used to manage the Website, track usage and improve the Website services. This non-personally-identifiable information may be shared with Third Parties to provide more relevant services and advertisements to Buyers. User IP addresses are recorded for security and monitoring purposes.

Website may also use a Buyer’s email address to send updates, a newsletter or news regarding a certain Product or service of the Website. Users may choose not to receive certain email of this type by “unsubscribing.”

From time to time, Seller or Third Party, may sponsor a promotion, sweepstake or contest on the Website or offer a Product for sale on the Website. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. The Website may transfer your personal information to its advertisement partners and its affiliated and related entities in order to send Buyer email advertisements regarding Products they sell.

Website uses cookies to store visitors’ preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customize newsletters, advertising, and Website page content based on browser type and aggregate user data. The Website may link the information it stores in cookies to personally identifiable information you submit while on the Website. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set-each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences-however, you must enable cookies from Website in order to use most functions on the Website. Please note that Website allows Third Party advertisers that are presenting advertisements on some of its pages to set and access cookies on visitors’ computer. Advertisers’ use of cookies is subject to their own privacy policies, not the Website Privacy Policy.

Website may contains links to other websites. Website is not responsible for the privacy policies and/or practices on other websites. When linking to another website a user should read the privacy policy stated on that website. The Website’s Privacy Policy only governs information collected on Website.

Please be aware that whenever you voluntarily post public information to message boards, reviews, or any other public forums that the information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.

Advertisements appearing on this Website may be delivered to users by Website or by advertising partners. Advertising partners may set cookies. These cookies allow the advertisement server to recognize your computer each time they send you an online advertisement. In this way, advertisement servers may compile information about where you, or others who are using your computer, saw advertisements and determine which advertisements are clicked on. This information allows an advertisement network to deliver targeted advertisements that they believe will be of most interest to you.

The Website uses reasonable measures to protect member information that is stored within its databases, and the Website restricts access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that the Website cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time.
Except as otherwise described in this Privacy Policy, the Website will not disclose personal information to any Third Party unless the Website believes that disclosure is necessary:

• to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Website , whether or not a response is required by applicable law;
• to enforce the Website Agreement or to protect the Website’s rights; or
• to protect the safety of members of the public and users of the Website. The Website reserves the right to transfer personal information to a successor-in-interest that acquires rights to that information as a result of the sale of the Website or substantially all of its assets to that successor in interest.


Disclaimer of Liability

Buyer agrees and understands that the Seller’s total liability, for any injury, harm or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the Product(s).

Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer’s person or business by using this Website, including harm to Buyer’s computer hardware or software from worms, viruses, or other defects in the Website or computer codes that cause harm. Seller disclaims liability for Buyer’s interactions with advertisers on the Website. Seller disclaims liability for Buyer’s interactions with other visitors of the Website.


Product Disclaimer

All Product sold on this Website are legal supplements. We do not sell any steroids or illegal products.

Claims made within the Website or advertising media are representational of an opinion and they are not to be considered factual claims of actual people regarding the usage of Products. The Seller makes no claim or warranty as to the validity of these advertising statements and the actual results to be achieved by the Buyer’s use of the Products.


Privacy Policy Accepted

Buyer expressly accepts the terms of the Privacy Policy of Seller’s Website.


Termination

This Agreement is effective unless and until terminated by Website. Website may terminate this Agreement at any time without notice to you, and accordingly deny you access to the Website in its sole discretion if you fail to comply with the Agreement. Website may terminate all or part of its Website at any time without notice to you.


Dispute Resolution

Any dispute or claim relating in any way to any Product sold or distributed by Website or through Website will be resolved by binding arbitration (“Dispute Resolution”), rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Notwithstanding the foregoing, disputes to enjoin infringement or other misuse of intellectual property rights may be brought in a court of competent jurisdiction.


Dispute Resolution

Any dispute or claim relating in any way to any Product sold or distributed by Website or through Website will be resolved by binding arbitration (“Dispute Resolution”), rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Notwithstanding the foregoing, disputes to enjoin infringement or other misuse of intellectual property rights may be brought in a court of competent jurisdiction.

To begin Dispute Resolution, you must send a letter requesting arbitration and describing your claim to Website, Attn: Legal Department, Mind and Body Nutrition, LLC., 4533 MacArthur Blvd, Suite 542 Newport Beach, California 92660. The Dispute Resolution will be conducted in Orange County, California by an arbitrator and under rules both Buyer and Seller agree on.

Payment of arbitration costs including filing fees, administration costs, and arbitrator fees (but not including attorneys’ fees) will be paid in equal amounts by both Buyer and Seller. The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, and collection fees from the other party. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.


Class Action Waiver

Buyer expressly agrees that any Dispute Resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Buyer and Seller expressly waive any ability to maintain any class action in any forum. Any dispute arising from the use or purchase of a Product, or use of the Website will be in accordance with the terms of the Dispute Resolution. Any Dispute Resolution proceeding shall not have authority to combine or aggregate similar claims. If for any reason a claim proceeds in court rather than in arbitration any right to a jury trial is hereby waived.


Jurisdiction, Venue and Choice of Law

If any matter concerning a purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be in Orange County of the state of California. In the event that litigation is in a federal court, the proper court shall be a federal court in the Central District of the state of California.

Buyer agrees that the applicable law to be applied shall, in all cases, be California law.


Notice

Buyer herewith agrees to receive notices of: changes to the Website, litigation, service of process, termination, and modification of Product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to changes to the Website, litigation, service of process, termination, and modification of Product. Additionally, the Buyer grants to Seller an irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.


Severability

In the event that some provisions, terms, conditions of the Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.


Waiver of Breach

The Seller’s failure to enforce any term of this Agreement shall not be construed as a modification or an amendment to this Agreement or constitute a waiver of other breaches.


Indemnity

Buyer agrees to defend, indemnify and hold harmless Seller, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • Buyer’s use of and access to the Website and any related websites;
  • Buyer’s violation of any term of these terms and conditions in accordance with this Agreement;
  • Buyer’s violation of any Third Party right, including without limitation any copyright, property, or privacy right; or
  • any claim that Buyer’s Submitted Items caused damage to a third party. This defense and indemnification obligation will survive this Agreement and Buyer’s use of the Website.

Final Acceptance

By taking the affirmative step of purchasing a Product, you the Buyer, agree to the terms of the Website, attest that you have fully read, understand, and accept the terms of this Agreement, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Agreement.

Thank you for visiting <<website name>>.

All products on this website are not FDA approved. No information contained on the Website is medical advice or information, please consult with a physician before use. Please consult a physician with the information provided on the Website to see if any product usage may be harmful to you. If you have any health issues or allergic reactions please consult a physician before using any product from the website. All products are sold on an “as-is” basis. Website warrants and guarantees no products sold and disclaims any warranty of merchantability of warranty of fitness for a particular purpose.

The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted by Mind and Body Nutrition, LLC. in the terms and conditions of this Agreement within this Website or with prior written permission of the owner of such material. The software and other technology components of this Website are © 2016, Mind and Body Nutrition, LLC. or its affiliates and suppliers. The contents of this Website are © 2016, Mind and Body Nutrition, LLC. or their respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.