Terms & Conditions
The Service includes social and interactive features. In order to use the Service, you need to (a) be 18 or older, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any registration information that you submit to us is true, accurate and complete, and you agree to keep it that way at all times.
By accepting these terms you are agreeing to purchase the products offered by our Service which include nutritional products. You agree to be charged according to the payment method you provide.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
3. Health-Related Information
The information contained on the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, us for diagnosing or treating, curing or preventing a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration or any other government agency unless specifically so stated.
4. License and Assignment
The Service and the content provided through it are the property of the Company or the Company’s licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service and to receive the media content made available through the Service in your country (“Local Country”), based on the Subscription or Trial, you have selected (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or the Company.
Our software applications are licensed, not sold, to you, and we retain ownership of all copies of our software applications even after installation on your Devices. We may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-license your rights under this License, to any third party.
All of the Company’s trademarks, service marks, trade names, logos, domain names, and any other features of the Company brand are the sole property of the Company. This License does not grant you any rights to use the Company’s trademarks, service marks, trade names, logos, domain names, or any other features of the Company brand, whether for commercial or non-commercial use.
You agree to abide by the terms of this Agreement, and not to use the Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
Third party software libraries included in the Service are licensed to you either under these Terms, or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and on our website, where applicable.
5. Loyalty Rewards Programme
The Company’s Loyalty Rewards Programme ("Programme") is offered to the Company’s customers at the sole discretion of the Company, and who have reached the legal age of majority in their respective province/state/territory of residence, and who have enrolled in the Programme ("Member(s)"). By participating in the Programme, Members can earn loyalty reward points ("Points" or “SupplementHunt Dollars”) for use towards acquiring products and services on the Website. Members earn Points with every purchase on the Website equivalent to 5 percent of the purchase exclusive of taxes, insurance, fees and shipping. The Points must be used within 60 days (“Expiry Period”), unless the customer makes another purchase on the Website before the Expiry Period. The Expiry Period is then extended and calculated from the last date the purchase made. For example, if the member earns 10 SupplementHunt Dollars on January 1, and makes another purchase on February 28, the total SupplementHunt Dollars will be available for use 60 days from the last purchase made on February 28. A purchase made with only with SupplementHunt Dollars does not extend the Expiry Period. Points will be rescinded and the Expiry Period will not be extended in cases where a Member receives a refund or makes a claim for a replacement order. Points earned pursuant to fraudulent, sham or falsified information will be rescinded by the Company. Company reserves the right to make the final determination as to whether Points are valid or correctly awarded of if expired. In no event will any Points be combined with other Member’s points.
The use of SupplementHunt Dollars may be redeemed before the Expiry Period for certain products on the Website, subject to these Terms and the availability of eligible products and services. Use of Points is void if prohibited by law in the province/state/territory or country of the Member's residence, and subject to change as may be necessary to comply with such laws or regulations. Company may at its sole discretion modify any of the Terms governing the Programme—including, but not limited to, the conditions for membership, the rules for earning and redeeming Points, including the rates at which Points may be earned or redeemed, the expiration policy for Points, and the products and services on which Points may be earned and redeemed—at any time, even though these changes may affect your ability to use any Points or benefits you have already earned. In the event these Terms are modified, we will provide you notice at least 30 days before the amendment comes into effect, by posting the amended terms and conditions online. You may refuse the amendment and rescind, or cancel your participation in the Programme without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30 days after the amendment comes into force, using the information in the notice. Company reserves the right in its sole discretion to disqualify any Member it finds to be tampering with, or abusing, the operation of the Programme or to be acting in violation of these Terms or in a fraudulent or deceptive manner. You release Company and its affiliates and partners from all liability regarding the earning, redemption, and use of Points, including any rewards that, after receipt, may be lost, stolen, or destroyed. Programme has no predetermined termination date and may continue until such time as Company decides to terminate the Programme. Company may terminate the Programme at any time. Upon termination, you will have 60 days from the date Programme termination is announced to use your Points. After that date, any Points will be forfeited without compensation. Your continued participation in the Programme constitutes your acceptance of any changes to these Terms and Conditions. You are responsible for remaining knowledgeable as to any changes that Company may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions of these Terms and Conditions.
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to the Free Service, and (c) to allow our business partners to do the same.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Service. These Terms are not intended to grant rights to anyone except you and the Company, and in no event shall these Terms create any third party beneficiary rights. Any failure by the Company to enforce these Terms or any provision thereof shall not waive the Company’s right to do so.
7. User Guidelines
We’ve established a few ground rules for you to follow when using the Service, to make sure the Service is enjoyable for everyone. Please follow these rules and encourage other users to do the same.
We respect intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Service(s) or content delivered to you via the Service(s), or otherwise any making use of the Service which is not expressly permitted under these Terms; (b) using the Service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Service(s) or any part thereof; (d) circumventing any technology used by the Company, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by the Company; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Service; (i) providing your password to any other person or using any other person’s user name and password.
Please respect us and other users of the Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of the Company or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through our inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or our computer systems or network, or breaches any of our security or authentication measures, or (l) conflicts with the Agreement, as determined by us. You agree that we may also reclaim your username for any reason.
Please be thoughtful about what you make public on the Website. The Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on the Website or across the web, so please use the Service carefully and manage your account settings regularly. We have no responsibility for your choices to make any actions or material public on the Service or Website.
Where available, your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately.
8. Technology Limitations and User Generated Content
We will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand and agree that the Company has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
Where available, you may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist compilations (“User Content”). You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non- exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with the Company. This license lasts until you terminate your account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the Service and your right to object to derogatory treatment of such User Content.
We do not monitor, review, or edit User Content, but reserve the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in our sole discretion, violates these Agreements. We may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
We are not responsible for User Content nor do we endorse any opinion contained in User Content. Please notify us immediately if you believe that any User Content infringes your intellectual property rights, or if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content.
9. Term and Termination
These Terms will continue to apply to you until terminated by either you or us. We may terminate the Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with the Terms. If you or the Company terminate the Terms, or if the Company suspends your access to the Service, you agree that the Company shall have no liability or responsibility to you to the fullest extent permitted under applicable law.
10. Warranty and Shipping and Delivery Insurance
We endeavor to provide the best service we can, but you understand and agree that THE SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. WE DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO CANCEL THE SERVICE OR ANY ORDER OR PURCHASE YOU MAKE, INCLUDING CANCELLING AN ORDER BECAUSE OF CHANGES IN PRICING, INVENTORY, OR FOR ANY OTHER REASON OR NO REASON, AND WITHOUT ANY LIABILITY AS A RESULT. In addition, we do not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that we are not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from us shall create any warranty on behalf of us in this regard. Some aspects of this section may not apply in some jurisdictions.
Shipping and Delivery Insurance
We offer optional insurance coverage for delivery of our products for domestic shipping orders only. If you select insurance coverage for shipping and delivery, delivery of your product will be insured for the following: 1) if your product is lost or stolen during shipping, we will resend the entire order within 14 days at no additional cost to you. 2) If your product is damaged during shipping, contact us within 14 days of receipt to file a claim and we will resend a replacement product. We may request a photograph of the damaged product or to have the damaged product returned to us at no additional cost to you. Your replacement product will be sent within 14 days of your claim or upon us receiving your damaged product, whichever date is later. By purchasing insurance coverage, you certify that all information provided in making a claim will be accurate and truthful. The submission of a false, fictitious or fraudulent statement may result in imprisonment or fine pursuant 18 USC 1001.
11. Limitation of Liability
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service, the Third Party Applications or the Third Party Application content is to uninstall any of our software and to stop using the Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, CONSULTANTS, ATTORENYS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO THE COMPANY DURING THE PRIOR THREE MONTHS IN QUESTION.
EXCEPT FOR LIABILITY ARISING UNDER INDEMNIFICATION, EACH PARTYS TOTAL CUMULATIVE LIABILITY TO THE OTHER UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNTS PAID OR OWING TO YOU HEREUNDER IN THE TWELVE(12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANY LANGUAGE OR PROVISION TO THE CONTRARY, THE COMPANY’S LIABILITY UNDER ANY ACTION ARISING OUT OF OR FROM THIS AGREEMENT SHALL NOT EXCEED $1,000.
13. Entire Agreement and Ambiguities
This Agreement constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreement in any written or oral communication from you to us are void. You represent that you have not accepted the Agreement in reliance on any oral or written representations made by us that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Service may be governed by additional agreements. That could include, for example, access to the Company or our Community for customer support, access to the Service as a result of a gift card, or free or discounted Trials. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.
Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
For purposes of contract interpretation, including resolution of any ambiguity, the parties acknowledge that this Agreement was prepared jointly by their respective attorneys, and therefore the terms of the Agreement should not be strictly construed against either party.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
15. Choice of Law, Mandatory Arbitration and Venue
Unless otherwise required by a mandatory law of any applicable jurisdiction, these Agreements are subject to the law of the State of New York, United States, without regard to choice or conflicts of law principles. Further, you and the Company agree to the exclusive jurisdiction of the state and federal courts in Manhattan, New York to resolve any dispute, claim or controversy that arises from, out of, or in connection with this Agreement, that is not applicable to arbitration.
(1) The Company and you agree to arbitrate all disputes and claims between us and you. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of your use of any services, offers, promotions, or the Website, subsite, microsite or those of our partners.
References to "the Company", “we” and "us" include our respective subsidiaries, and affiliates, and each of their agents, officers, directors, and employees, predecessors in interest, successors, and assigns. References to “you” include all authorized or unauthorized users of websites, subsites, or microsites, participants or beneficiaries of services, promotions, offers or Devices (collectively “Websites and Services”) under this or prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by your continued use of the Website and Services, or your continued interaction with us (in correspondence and the like), you and the Company are each waiving the right to a trial by jury or to participate in a class action. This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this agreement.
(2) A party who intends to seek arbitration must first send to the other, by either a reputable overnight carrier or certified mail, return receipt requested, or by email from us to you, if your address is not on file with us, a written Notice of Dispute ("Notice"). Please send us an email under the How to Contact Us section for the Company’s address (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we do not reach an agreement with you to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
(3) After we receive your Notice at the Notice Address that you have commenced arbitration, we will reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $400 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.ADR.org, by calling the AAA at 1-800- 778- 7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless the Company and you agree otherwise, any arbitration hearings will take place in the county of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will:
- pay you the amount of the award; and
- pay your reasonable attorney fees, if any, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(5) The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs.
(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
16. How to Contact Us
For customer service matters, to opt-out of a service or promotion, to request information or help, you may reach us by email at email@example.com.