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TERMS OF USE

We reserve the right to update this posting with revised terms and conditions, so please check back often. You signify that you agree with the updated terms by using this website after they have changed.

Nourishment By Nature is the owner and operator of this website. The following terms and conditions (the “Terms”) outline the terms under which we sell products through this website, nourishmentbynature.com, and other related web pages. They also regulate your access to and use of the website.

Your use of the website is subject to additional terms, which are incorporated herein by reference. These include our Privacy Policy, which covers any personal data shared on or through the Website, and terms that will apply to sales promotions and other special features and content that may be available on the Website from time to time. In case you have any questions or concerns regarding these terms or any purchases made on our website, please refer to the section below on How to Contact Us.

You accept and agree, without restriction or qualification, to abide by these terms by using our website, accessing it, or placing an order to buy products from us. You should not access or use the website if you disagree with these terms or if you do not want to be bound by them.

TERMS OF SALE

1.1 Our Sales Contract

These Terms Of Sale will apply to all orders placed with Nourishment By Nature via this website. When you use our website to place an order, you agree that you have read, comprehended, and unconditionally accepted these terms of sale, as they may change from time to time. We reserve the right to periodically update these Terms of Sale by uploading a new, current version to the website. The most recent revision date will be noted at the top of this page. Any such modifications will take effect as soon as we post them. As a result, we encourage you to regularly review these Terms of Sale to stay updated on any such changes, as they will become legally binding upon you. To the exclusion of any conflicting terms, these terms govern: the Terms of Sale, the Terms of Use, and the Privacy Policy.

Unless any modification is mandated by law or governmental authority, you will be bound by the Terms of Sale that are in effect at the time you place an order (in which case they may apply to orders previously placed by you). If you are unhappy with the changes as they relate to your order, you can use your right to cancel.

1.2 Eligibility to Purchase

You must meet the following requirements in order to purchase any products from this website: (a) you must be at least eighteen (18) years old; (b) you must give us legitimate payment information linked to a credit card, debit card, or other payment method that you are permitted to use; and (c) you must give us permission to charge your credit card, debit card, or other payment method the amount of the products you request, plus any applicable taxes, fees, or shipping charges.

We only sell to customers in the United States via this website. We consider it impossible for us to deliver to or take orders from any other location.

The goods offered on the website are only intended for individual consumer purchases; they cannot be distributed or resold. You guarantee and represent that the goods or services you buy from the website are only for personal use—they are not for export or resale. If we think that a product is being ordered in violation of this clause, we reserve the right to cancel orders and/or suspend accounts.

1.3 Orders and Order Confirmation

Orders are accepted only if they are available. You will be notified via email (or another method if no email address has been provided) if the products you ordered are not available. At that point, you can choose to cancel your order or wait for the item to become available in stock. Your orders will be considered an offer to buy the products from us, and we reserve the right to accept or reject such offers at any time. You understand that any automated order acknowledgment or confirmation you may receive from us does not mean that we have accepted your offer to buy anything from the website. When we (i) charge your credit, debit card, or other payment account, or (ii) send the products to you or start the services, whichever comes first, an agreement between you and us is formed. At that point, we will send you an email confirming the agreement (the “Dispatch Confirmation”). Only the products that we have verified in the dispatch confirmation will be covered by the contract. If you give an erroneous delivery address or neglect to pick up the products at the designated delivery address, we will not be held responsible.

1.4 Order Details and Changes

Subject to the terms stated below, the items’ descriptions, prices, availability, and other information are those that are shown on this website on the day that you place your order.

All prices are listed without the inclusion of any applicable taxes or delivery fees, which will be added at the time of purchase. Delivery fees, if any, will be computed based on the size of the order and the delivery option you choose and will be charged at the rates listed on the website on the day you place your order. Before you place your order and during the checkout process, you will be informed of the delivery costs that apply to it.

Although we constantly work to make sure that the product descriptions, costs, availability, and other information displayed on our website are as accurate and current as possible, since our website is dynamic, there may occasionally be real errors. We are not obligated to sell the products to you at the price displayed if, in the extremely unlikely event that the price displayed on the checkout page is incorrect and we find this out before accepting your order, We will notify you as soon as we find a pricing error in the products you have ordered, and you will be given the choice to either cancel or rescind your order at the correct price.

Prices and other sales information on our website are subject to change at any time without prior notice from us. But in line with Section 1.3 (Orders and Order Confirmation) above, we won’t apply the revised costs or specifications to orders we’ve already accepted.

1.5 Payment Details

By using this, you attest that the credit card, debit card, or PayPal account being used is legitimately yours. The card issuer may conduct authorization and validation checks on any credit or debit cardholder. We will not be responsible for any delays or non-delivery if the issuer of your payment card declined to authorize payment to us for any reason.

By using this form, you attest that the credit, debit card, or other payment method you are using is yours and that you have enough money or credit available to pay for the items you have ordered. The card issuer may conduct authorization and validation checks on any credit or debit cardholder. We will not be responsible for any delays or non-delivery if the issuer of your payment card declined to authorize payment to us for any reason.

We reserve the right to try processing your payment again in 48 hours if your credit card, debit card, or other payment method is not accepted for any reason. We will send you an email at the email address you have provided to us at least forty-eight (48) hours in advance of any subsequent attempt to process payment if the payment is still unsuccessful. You must cancel your order in advance if you do not want us to try processing your payment again.

1.6 Limitation of Liability

Our liability for losses you incur as a result of our negligence or breach of these terms of sale shall not exceed the purchase price of the products for which damages are claimed, without limiting the scope of these terms of sale and to the extent permitted by applicable law.

Please take note that the Food and Drug Administration has not reviewed any of the claims or statements made on this website. No disease is meant to be identified, treated, cured, or prevented by these products.

1.7 Force Majeure

Nourishment By Nature promises to do its best to uphold its end of the bargain. However, in the event that a delivery failure or delay is brought about by or results from events outside of our reasonable control, we will not be held accountable or liable (“Force Majeure Events”). These events are referred to as Force Majeure Events and can include, but are not limited to, third-party strikes and industrial actions, civil unrest, riots, wars, natural disasters, telecommunications failures, power outages, and any other events that render the production, transportation, or delivery of goods impracticable or impossible. If a Force Majeure Event causes a delay, we shall suspend our obligations and extend the time for performance of our obligations for the length of the Force Majeure Event. We promise to fulfill our responsibilities as quickly as is practically possible, and we maintain the right to fairly and reasonably distribute any remaining product supply among our clients. You may terminate your contract if a Force Majeure Event prevents us from fulfilling our obligations. Please contact us to cancel. Any relevant products you have already received must be returned (at our expense). You will receive a refund for the full amount you paid, including delivery fees.

TERMS OF USE

2.1 Acceptance and Modification of the Terms of Use

The current Terms of Use apply to your use of this website, including any content, features, and services provided on or through the website, whether you are a registered user or a guest. You agree that you have read, understood, and unconditionally accepted these Terms of Use, as updated from time to time by us, by accessing, perusing, and using our website. We will update the Terms of Use on the website with any changes we make. Nourishment By Nature therefore encourages you to periodically review these Terms of Use to become acquainted with any updates.

2.2 Intellectual Property

Copyright, trademarks, patents, and all other intellectual or industrial property rights that may be applicable under applicable law protect all of the content on our website, including but not limited to the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes (collectively, “Content”), which are the property of Nourishment By Nature or its affiliated companies or are used with permission from the owners. Nothing on our website should be understood or construed as giving you a license or the right to use any such content, with the exception of what is stated in Section 2.3 below.

The characters, service marks, trademarks, and logos (collectively, “trademarks”) that are shown on the website are either owned by Nourishment By Nature or are used with permission. Nothing on this website, including these terms of use, should be interpreted as giving you permission to use any trademark that is displayed here. Except as specified in these Terms of Use, it is strictly forbidden for you to use or misuse any of the trademarks displayed on this website or any other content on this website. Additionally, you should be aware that Nourishment By Nature will vigorously defend its intellectual property rights to the fullest extent permitted by law, including by pursuing criminal charges.

2.3 Your Use of the Website

For personal, non-commercial use only, you are permitted to download, display, and print the content from our website. In doing so, you agree to preserve and reproduce all copyright notices and other proprietary rights notices included in any information or other material you download. Any other use, including the duplication, alteration, distribution, transmission, or broadcasting of the website’s content in whole or in part and by any means, is strictly forbidden without Nourishment By Nature’s prior written consent. Nourishment By Nature makes no guarantees or representations as to whether using any content found on its website will not violate third parties’ rights.

2.4 Reviews

Your submission of a review gives us the worldwide, perpetual, irreversible, royalty-free, and fully sublicensable right to use, copy, edit, adapt, publish, translate, make derivative works from, and display the review in any media worldwide. By submitting your name, you give us and our sublicensees permission to use it in connection with that content, if they so choose. You consent to giving up the right to have your identity as the content’s author as well as the right to object to the treatment of such content negatively.

2.5 Information Deemed Non-Confidential

Your privacy is respected, and any personally identifiable information you submit to our website through the Internet is handled in accordance with our privacy policy. Before sending us any personally identifying information, Nourishment By Nature requests that you carefully read this privacy statement.

Any other information or material sent to Nourishment By Nature via email, the Internet, or other means, including any data, queries, remarks, ideas, suggestions, graphics, or the like, is and will be considered non-proprietary and non-confidential. Anything you post or transmit becomes owned by Nourishment By Nature and can be freely used for any purpose, including but not limited to broadcasting, publishing, reproducing, disclosing, and posting. To be more precise, Nourishment By Nature is free to use any ideas, concepts, know-how, or techniques that you submit to the website for any purpose at all, including, but not limited to, using the information to develop, manufacture, advertise, and market products. Any such use would not be made without the consent of the information providers or anyone else.

By providing information, you guarantee that it is your own, that it is not defamatory, and that using it by Nourishment By Nature won’t infringe upon the rights of any third parties. Nourishment By Nature is not required to make use of the data offered.

2.6 Fitness, Nutrition, and Health Information

This website’s content is meant to provide general health, nutrition, and fitness information. By submitting information to the website and using any of the services it offers, users do not establish a doctor-patient relationship with Nourishment By Nature. This website’s content is not meant to be used for diagnostic or therapeutic purposes. Before starting a new diet or exercise program, using any associated services on the website, or seeking advice regarding a medical condition, illness, or treatment, you should always consult our doctor. It is especially crucial to have a consultation in advance with our doctor if you are under the age of eighteen (18), pregnant, nursing, or experiencing health issues. Never ignore medical advice from a professional or put off getting it because of something you’ve read on this website.

2.7 Text Message Service Terms & Conditions

By Opting In to a Text Message Service:

You give Nourishment By Nature permission to text the cell phone number you provided to us in connection with your account or that you shared with us when you opted in, using both automated and non-automated technologies. Additionally, you give Nourishment By Nature permission to use any marketing materials in these communications. Purchases do not require your consent or agreement to opt-in.

Following your opt-in, you might receive one or more welcome messages or administrative messages, like (in certain situations) a request to confirm your opt-in, in addition to our main messages.

You are signing your Opt-In to the Text Message Service.

You attest to being the owner of the account associated with the relevant phone number, or to being the regular user of that number under a family or business plan, and to having the right to opt-in.

You agree that your opt-in will be recorded in an electronic record. Please call (833) 829 0253 to update your contact information, request a free paper or email copy of the opt-in, or withdraw that consent. You will need (i) a device (such as a computer or cell phone) with internet access and (ii) either a printer or storage space on such device in order to view and save an electronic copy of these Terms & Conditions or the remainder of your opt-in. You’ll also need a browser or other software that can display the emails and an email account that you can access from the device in order to get an email copy. These Terms and Conditions will remain in effect even if you revoke the previously granted consent or opt out of the Text Message Service.

About the Text Message Service and Opting Out

There may be message and data fees. Our text message campaigns, unless specified otherwise, send out several recurrent messages over time. These Terms and Conditions shall remain in effect even in the event that Nourishment By Nature terminates any text message service or your participation in it, with or without notice, including, for example, before you have received any or all of the messages that you would have otherwise received. Another way to opt out is to text STOP or CANCEL in response to our message. If you have multiple text message services, your opt-out request may result in a confirmation text or a texted request to specify which text message service it applies to. In order to finalize your opt-out, kindly provide the necessary clarification.

You agree that your information will be handled as described in our privacy policy.

2.8 Limitation of Liability

Through visiting, utilizing, perusing, and navigating our websites:

You guarantee that the personal information you provide during registration is true, accurate, current, and complete in all respects; that you are not impersonating any other person or entity; that you are at least 18 years old; and that you are legally capable of entering into binding contracts.

By using your debit or credit card number or credit report, among other information, you give us permission to transmit and obtain information from third parties in order to verify your identity, validate your credit card, get an initial credit card authorization, and approve specific purchase transactions.

You acknowledge and agree that, to the extent allowed by applicable regulations, Nourishment By Nature, any of its affiliates or subsidiaries, or any other party involved in the creation, production, or delivery of the Website will not be held liable for any direct, indirect, or consequential damages, reputational harm, costs, losses, decreases in turnover or profits, or liabilities of any kind that may arise from your use of or inability to use the Website or Content, even if Nourishment By Nature knew or should have known about the possibility of such damages.

You use our website at your own risk and expense for any materials you download or obtain in any other way. When you access, use, or download any content from the website, Nourishment By Nature disclaims all liability for any harm or virus that might infect your computer equipment or other property, as well as for any unauthorized access to or manipulation of the IT systems.

Nourishment By Nature maintains the right to stop using any or all of the website’s features. When Nourishment By Nature or any third party acts or fails to act, Nourishment By Nature disclaims all liability and responsibility for any disruption or cessation of any or all website functionality.

GOVERNING LAW; DISPUTE RESOLUTION

Without regard to its choice of law rules, the laws of the State of California shall govern, interpret, and enforce the Terms and any dispute arising under them. You hereby specifically consent to personal jurisdiction and venue in the federal or state courts located in Santa Ana, California, in the event that there is a disagreement regarding the terms or performance of the terms.

GENERAL

All previous written or oral agreements or understandings between you and Nourishment By Nature are superseded by these Terms, which serve as the entire agreement between you and Nourishment By Nature regarding your use of our website and content as well as any purchases you make through it. In the event that a court rules that any of these terms are invalid or unenforceable, the remaining terms will remain in full force and effect. Any void or unenforceable provisions will be modified or removed to the extent required, and they will be replaced with a valid provision that most closely reflects the intentions of these terms. Nourishment By Nature shall not be deemed to have waived any rights or remedies in the event that it is unable or delays in enforcing (in whole or in part) any provision of these Terms. It shall not be interpreted or construed that any third party has any rights or remedies under these terms.

CONTACT US

You can email us at contact@nourishmentbynature.com or send a letter to: if you have any questions concerning these Terms or the practices outlined herein.

Nourishment By Nature

2001 East 1st Street, Suite #102 Santa Ana, CA 92705

Telephone: (833) 829 0253