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Conditions of Use

Last updated March 1, 2019

Welcome to Nutranize.com. RxSideFx LLC, d/b/a Nutranize, (“Nutranize” or “we”) provides website features and other products and services to you when you visit or shop at Nutranize.com, use Nutranize products or services, use Nutranize applications for mobile, or use software provided by Nutranize in connection with any of the foregoing (collectively, “Nutranize Services”). Nutranize provides the Nutranize Services subject to the following conditions.

By using Nutranize Services, including any Nutranize products, you agree to these conditions. Please read them carefully. If you do not agree to all of these conditions, do not use this website or any other Nutranize Service.

We offer a wide range of Nutranize Services, and sometimes additional terms may apply. When you use a Nutranize Service you also will be subject to the guidelines, terms, and agreements applicable to that Nutranize Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

No medical advice

The contents of Nutranize.com and any affiliated website, such as text, graphics, images, blogs, podcasts, webcasts, videos, presentations, information obtained from Nutranize’s licensors, and other material contained on or through Nutranize.com or any affiliated website (collectively, the “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, viewed, or listened to on Nutranize.com or any affiliated website.

If you think you may have a medical emergency, call your doctor or 911 immediately. Nutranize does not recommend or endorse any specified tests, physicians, procedures, opinions, or other information that may be mentioned on Nutranize.com or any affiliated website. Reliance on any information provided by Nutranize.com or any affiliated website, Nutranize employee, or others appearing on Nutranize.com or an affiliated website is solely at your own risk.

Privacy

Please review our Privacy Policy, which also governs your use of Nutranize Services, to understand our practices.

Electronic communications

When you use Nutranize Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Nutranize Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Nutranize Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Nutranize or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Nutranize Service is the exclusive property of Nutranize and protected by U.S. and international copyright laws.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nutranize Service are trademarks or trade dress of Nutranize in the U.S. and other countries. Nutranize’s trademarks and trade dress may not be used in connection with any product or service that is not Nutranize’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nutranize. All other trademarks not owned by Nutranize that appear in any Nutranize Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nutranize.

Patents

One or more patents owned by Nutranize apply to the Nutranize Services and to the features and services accessible via the Nutranize Services. Portions of the Nutranize Services operate under license of one or more patents.

License and access

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Nutranize or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Nutranize Services. This license does not include any resale or commercial use of any Nutranize Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Nutranize Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Nutranize or its licensors, suppliers, publishers, rightsholders, or other content providers. No Nutranize Service, nor any part of any Nutranize Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nutranize. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nutranize without express written consent. You may not use any meta tags or any other “hidden text” utilizing Nutranize’s name or trademarks without the express written content of Nutranize. You may not misuse the Nutranize Services. You may use the Nutranize Services only as permitted by law. The licenses granted by Nutranize terminate if you do not comply with these Conditions of Use or any Service Terms.

Your account

You may need your own Nutranize account to use certain Nutranize Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintain the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Nutranize does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Nutranize Services only with involvement of a parent or guardian. Nutranize reserves the right to refuse service, terminate accounts, terminate your rights to use Nutranize Services, remove or edit content, or cancel orders in its sole discretion.

Reviews, comments, communications, and other content

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Nutranize reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Nutranize a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nutranize and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nutranize for all claims resulting from content you supply. Nutranize has the right but not the obligation to monitor and edit or remove any activity or content. Nutranize takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of loss

Please review our Shipping Policy, which governs your use of Nutranize.com and all Nutranize Services, including all associated products. All purchases of physical items from Nutranize are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, refunds, and title

Please review our Return Policy, which also governs your use of Nutranize Services, to understand our practices.

Product descriptions

Nutranize attempts to be as accurate as possible. However, Nutranize does not warrant that product descriptions or other content of any Nutranize Service is accurate, complete, reliable, current, or error-free. If a product offered by Nutranize itself is not as described, your sole remedy is to return it in unused condition.

Sanctions and export policy

You may not use any Nutranize Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Nutranize Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

Other businesses

We may provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Nutranize. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). Nutranize does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of warranties and limitation of liability

The Nutranize Services—including all information, content, materials, products, and other services included on or otherwise made available to you through the Nutranize Services—are provided by Nutranize on an “as-is” and “as available” basis, unless otherwise specified in writing. Nutranize makes no representations or warranties of any kind, express or implied, as to the operation of the Nutranize Services, unless otherwise specified in writing. You expressly agree that your use of the Nutranize Services is at your sole risk.

To the full extent permissible by law, Nutranize disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nutranize does not warrant that the Nutranize Services—including any information, content, materials, products, or other services included on or otherwise made available to you through the Nutranize Services—or Nutranize’s servers or electronic communications from Nutranize are free of viruses or other harmful components. To the full extent permissible by law, Nutranize will not be liable for any damages of any kind, including but not limited to direct, indirect, incidental, punitive, and consequential damages, arising from the use of any Nutranize Service—including any information, content, materials, products, or other services included on or otherwise made available to you through any Nutranize Service—unless otherwise specified in writing.

Disputes, applicable law, and jurisdiction

By using any Nutranize Service, including any products or services sold or distributed by Nutranize or through Nutranize.com, you expressly agree that: (1) the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Nutranize; (2) any dispute or claim that might arise between you and Nutranize will be brought and litigated exclusively in a court, whether a state or federal court, located in the State of Utah; (3) courts located in the State of Utah have personal jurisdiction over you; (4) any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action; and (5) any right to a jury trial is waived.

Policies, modification, and severability

Please review our other policies posted on this site. These policies also govern your use of Nutranize Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our contact information

Nutranize
1400 Chapel St. #343
Santa Clara, UT 84765
customercare@nutranize.com
1-435-429-0934

Notice and takedown procedures; copyright agent

If you believe any materials accessible on or from Nutranize.com or an affiliated website infringes your copyright, you may request removal of those materials (or access thereto) by contacting Nutranize’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number, and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Nutranize’s agent for copyright issues is as follows:

Nutranize
Attn: Copyright Agent
1400 Chapel St. #343
Santa Clara, UT 84765
copyright@nutranize.com
1-435-429-0934

 

 

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