Terms & Conditions
Section 1.0 - Preamble
Section 2.0 - Defined Terms
In addition to any terms defined in the text of these Terms and Conditions of Service, the following definitions apply throughout these Terms and Conditions of Service and any or all Agreements with NMND:
“Application” refers to the Company's web or mobile application and/or web or mobile website, and Services.
“Client”, “you”, “your” and “user” refers to you, the person accessing the Application and accepting the Company’s these Terms and Conditions.
“Company”, “NMND”, “ourselves”, “we”, “our” and “us”, refers to NMN Direct LLC.
The terms “party” or “parties” refer to both the Client and the Company, or either the Client or the Company.
“Service” or “Services” refers to any web or mobile based services or information provided by the Company, the Application, and/or any product sold by the Company;
Section 3.0 - Interpretation of Defined Terms
Any use of any word contained herein used in the singular, plural, capital, or lower case, are taken as interchangeable and therefore as referring to the same. Furthermore, any use of pronouns shall be take as interchangeable with the noun to which the pronoun refers.
Section 4.0 - Last Updated
These were last updated on January 9, 2019.
Section 5.0 - Contact Information
The Services are offered by NMN Direct LLC. You may contact us by email at email@example.com.
Section 6.0 - Eligibility
To be eligible to use the Service or access the Application, you must be at least eighteen (18) years of age, have the legal capacity to enter into a legally binding agreement, be located in the United States, and not be pregnant, breastfeeding, or plan to become pregant. By agreeing to these Terms, you represent, agree, and warrant to the Company that: (1) you are at least 18 years of age; (2) you have the legal capacity and authority to enter into a legally binding agreement; (3) that you understand that these Terms are a legally binding agreement; (4) that you have read and understand these Terms; (5) that you agree to and accept these Terms in full, without qualification; (6) you are located in the United States; and (7) you are not pregnant or breastfeeding, and you do not plan to become pregnant.
Section 6.0 - Eligibility
As part of the Service
Section 8.1 - The Information We Collect and/or Receive
In the course of operating the Application, and the Services, the Company will collect (and/or receive) the following types of information as described in Section 8.1(a) through Section 8.6, and all subsections contained therein. You authorize the Company to collect and/or receive such information.
Section 8.1(a) - Personal Information
In order for the Company to provide the Services and operate the Application, you will be asked to provide us with personal information about yourself. All information that you provide to the Company is collectively called “Personal Information.” The Company does not collect any Personal Information from you unless you use the Application and provide such information voluntarily.
Section 8.1(b) - Personal and Family Wellness and Health Information
In order for the Company to provide the Services and operate the Application, you will be asked to provide us with information regarding your health and wellness, including, but not limited to, your health goals, your diet, your lifestyle, your opinions, your medical history, and other information related to your health and wellness (collectively “Personal Wellness Information”). You will also be asked to provide information regarding the health and wellness of your family members, including, but not limited to, their health goals, their diet, their lifestyle, their opinions, their medical history, and other information related to their health and wellness (collectively “Family Wellness Information”). The Company does not collect any Personal Wellness Information or Family Wellness Information from you unless you use the Application and provide such information voluntarily.
Section 8.1(c) - Billing Information
Section 8.1(d) - Order Information
When you place an order for the Company’s Services, the Company also collects and/or receives information incidental to or necessary to processing that order (“Order Information”).
Section 8.1(e) - Other Information
The Company, at its sole discretion, may collect any and all additional information as the company sees fit (“Other Information”). Other information may include, without limitation, any information described in Sections 8.1(f)(1) through Section 8.1(f)(3), as follows:
Section 8.1(f)(1) - From Your Activity
In an ongoing effort to improve the Application and the Service, the Company may automatically collect certain information when you visit the website, and when you use the Service. Such information may include, without limitation, IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on a particular page, what sections of the website you visited, and similar information regarding your use of the Application or Services.
Section 8.1(f)(2) - From Cookies
The Company may collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that the computer will “remember” information about your visit to the website. The Company may use both session cookies (cookies that expire once you close your browser) an persistent cookies (which remain on your computer until they are deleted) to help us collect Other Information and to improve your experience using the Application. If you do not want cookies to be stored on your computer, you may disable and/or delete cookies on your computer, mobile device, and web browser. Please refer to your internet browser’s documentation in order to help you disable and/or delete cookies.
Section 8.1(f)(3) - Third Party Services
Section 8.2 - How We Use and Share Information
You authorize the Company to use the Personal Information, Personal Wellness Information, Family Wellness Information, Order Information, Other Information, and any other information you provide to the Company (collectively “Personally Identifiable Information” or “PII”), to provide and improve the Application and the Services; to solicit your feedback; to inform you about our products and services and those of our promotional partners; for other commercially reasonable reasons, and as described in Sections 8.2(a) through Section 8.2(f) below:
Section 8.2(a) - Agents, Providers and Related Third Parties
The Company may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include, without limitation, providing technical assistance, customer service, and marketing assistance. These other companies will have access to PII only as necessary to perform their functions and to the extent permitted by law. We may also share PII with any of our parent companies, subsidiaries, or other companies under common control with us.
Section 8.2(b) - Aggregated Information
In an ongoing effort to better understand our users, we may analyze PII in order to operate, maintain, manage, and improve the Application and the Services and for our own research purposes. This aggregate information typically does not identify you personally.
Section 8.2(c) - Business Transfers
As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, PII may be part of the transferred assets.
Section 8.2(d) - Legal Requirements
We may disclose PII if required to do so by law, or in a good faith belief that such action or disclosure is necessary or appropriate to: (i) operate the Application or to provide Services; (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability; (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents, contractors, or licensors; or (iv) protect the personal safety of vendors, users of the Application or Services or the public.
Section 8.2(e) - Miscellaneous
The Company will not rent, sell or share PII with third parties except as specifically approved or under the circumstances described above. If you do not want us to use or disclose PII collected about you in the ways identified in this policy, you should not use the Application or Services.
Section 8.2(f) - Security of PII
Although the Company, at its sole discretion, takes commercially reasonable steps to protect PII from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, that no security system is impenetrable. The Company cannot guarantee the security of our databases, nor can we guarantee that PII you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Company or on the Application may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Section 8.3 - Notice to Non-U.S. Residents
The Company and the Application and Services are operated in the United States. Please be aware that your information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Application and/or the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
Section 8.4 - External Websites
Section 8.5 - California Residents
California residents who have an established business relationship with the Company may choose to opt out of our sharing their Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to firstname.lastname@example.org. Furthermore, the Company does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
Section 8.6 - Data Retention
We will retain any and all information for as long as your account is active, or as needed to provide you services or until the information is removed from our databases. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at email@example.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Section 9.0 - Using the Application and Services
During the account creation process, you are required to provide us with information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. You will further be asked to create a password. You are solely responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account. You may not impersonate someone else or provide an email address other than your own. If you have reason to believe that your account is no longer secure, then you should promptly change your login information and notify us at firstname.lastname@example.org.
When you create your account and submit your PII, you are engaging us to store and maintain it for you so that we may operate and provide the Service. You understand that we reserve the right, in our sole discretion, to terminate your account at any time, and to prohibit your access to the Application and/or the Services, for any reason or no reason and without notice to you.
Any unauthorized use of the Application and/or the Service can lead to your prohibition from the Application and Services, and potentially civil and/or criminal prosecution. You may not use any logo or other proprietary graphic or trademark belonging to the Company, or any of its subsidiaries, affiliates, or other partners, as part of a link to the Application without first obtaining the express prior written consent of the Company. The Company does not guarantee continuous, uninterrupted or secure access to its Service or the Application, and you acknowledge that the operation of the Application and Services may be interfered with by numerous factors outside of or within the Company's control.
Section 10.0 - Storage of Information
As part of the Service, you will be asked to share PII, which will be used and stored as set forth in these Terms. By providing any information, including PII, to the Company or Service, you consent to the use, transfer, storage, and processing of such information. You further agree to waive any and all claims for privacy or data protection with respect to any and all such information, including PII, and any other information disclosed by you to the Company.
If you are domiciled outside of the United States, certain jurisdictions include the option of requesting that the Company delete your personal information at any time from our active databases, subject to the applicable laws and regulations of such jurisdiction. Please note that deletion of this information prior to completion of the Service will result in a cancellation of the Service, and no results will be provided to you. Although we can delete your personal information from our active databases, some or all of your personal information will remain archived in back-ups. Information that has already been de-identified, anonymized, and/or aggregated may not be retrievable or traced back for destruction, deletion, or amendment. If you would like to request that your personal information be deleted from our active databases, please contact us at email@example.com.
Section 11.0 - Ownership and Information of Data
Section 12.0 - Solicitation and Opting Out
By accessing the Service, you give the Company permission to contact you to solicit feedback (including through optional surveys, interviews, or testimonials), and describe services provided by the Company and/or other companies, including through personalized newsletters and other content. You can opt out of this communication by notifying us at firstname.lastname@example.org.
Section 13.0 - Payments
You are required to pay a fee to receive Services. You agree to submit payment to the Company in the amount displayed on the Company’s Application at the time of your purchase, net any valid promotional offers consistent with Section 14.0 as contained herein. All fees are in U.S. Dollars, and all payments will be processed by a U.S. bank. If you pay with a credit or debit card, the Company may seek pre-authorization of your account prior to your purchase to verify that the account is valid and has the necessary funds or credit available to cover the fees.
Section 14.0 - Promotional Offers
From time to time, the Company may, at its sole discretion, make available promotional offers that may only be available to certain qualifying recipients (each, a “Promotional Offer”). Such Promotional Offers may only be redeemed for Services as performed in the United States in compliance with United States laws, rules, and regulations. Unless otherwise expressly stated by the Company, Promotional Offers may not be combined and may not be resold, forwarded or otherwise transferred to any third party other than the intended recipient, and may not be applied to Services paid for by other persons. The Company reserves the right to modify or discontinue Promotional Offers at any time, or to deny Promotional Offers used in breach of these Terms. If a Promotional Offer is provided to a recipient who is not eligible to receive Services, the Promotional Offer will be null and void. The Company is not responsible if any Promotional Offer is lost, stolen, or destroyed, or if a Promotional Offer is used without theNMN intended recipient’s permission. The Company also reserves the right to void Promotional Offers and close customer accounts if it suspects that a Promotional Offer is obtained, used, or redeemed fraudulently, unlawfully, or otherwise in violation of these Terms, or any applicable law, rule, or regulation.
In the event a Promotional Offer is non-functional, your sole remedy, and the Company’s sole liability, will be the replacement of that promotional offer. In no event will the Company be liable to you for any indirect, incidental, special, consequential or punitive damages arising out of or relating to your use of a Promotional Offer, or you inability to use a Promotional Offer, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the Company has been informed of the possibility of such damages.
When you redeem a Promotional Offer, you agree that the laws of the State of Wyoming, without regard to principles of conflict of laws, will govern these Terms and any dispute that may arise between you and the Company related to your use or receipt of a Promotional Offer. The Company reserves the right to end any Promotional Offer program at any time at its sole discretion. Promotional Offers are not eligible for a refund. Promotional Offers shall expire at the conclusion of the promotional period associated with such Promotional Offer. If no such period is specified, then such Promotional Offer shall expire four (4) months after its first offering or availability.
Section 15.0 - Refund Policy and Cancellations
Refunds will only be issued within the first thirty (30) days of the original purchase (the “Refund Period”). During the Refund Period and upon your request, the Company will issue a full refund to the original payment method if you are dissatisfied with the Service. If you are not satisfied with the Service, the Company encourages you to contact us at email@example.com, to determine if the Company can take further action to improve your experience. After the Refund Period, you are not eligible for a return. You may, however, cancel your subscription to the Service at any time. Cancellations are effective on the first day of the next billing period after the Client cancels. So, for instance, if a Client’s membership to the Service re-bills on the the 1st of every month, and that Client cancels on November 15, 2018, that Client’s cancellation would become effective on December 1, 2018.
The Company will not issue refunds to any individual other than the original purchaser. The Company will not issue refunds in any form other than to the original payment method.
Custom orders are not eligible for a refund. Under no circumstances can the Company accept a return of for any custom orders.
Section 16.0 - License to Use and Proprietary Rights
The Service is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, algorithms, computer code (including source code or object code), analytics, information provided to you by NMND as part of the Service, and all other elements of the Service (collectively, the “Proprietary Materials”) provided by the Company are protected by all relevant intellectual property and proprietary rights and applicable laws. Proprietary Materials may not be resold, disclosed to any third parties, distributed, transferred, or used for any purpose without the express prior written permission of the Company. All Proprietary Materials contained in the Service are the property of the Company or our third-party licensors. Except as expressly authorized by the Company, you may not make use of the Proprietary Materials for any commercial purposes, unless otherwise agreed upon herein. The Company reserves all rights to the Proprietary Materials not granted expressly in these Terms.
The Company grants you a limited non-exclusive right and license to access and use the Services for personal, non-commercial purposes. This license does not include and strictly prohibits: (i) any derivative use of the Services or its contents; and (ii) any use of data mining, robots, or similar data gathering and extraction tools. The Services, including the Application’s operation, interface and contents, are covered by US copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of the Company.
Section 17.0 - Indemnification
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Company Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Service; or (ii) your violation of these Terms or any representation, warranty or agreements referenced herein, or any applicable law or regulation. We reserve the right, at our own discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
You understand and agree that the Services provided by the Company are specific to you, and are not to be used by, disclosed to, relied upon by any other person. You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Company Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected to sharing with any other person information related to the Services in any way.
Section 18.0 - No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY ENTITIES SPECIFICALLY (WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, THE COMPANY DOES NOT PROVIDE ANY MEDICAL SERVICES OR MEDICAL ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR MEDICAL ADVICE. YOU FURTHER UNDERSTAND THAT ALL INFORMATION PROVIDED ON OR PURSUANT TO THE SERVICE HAS BEEN PROVIDED BY THIRD PARTIES, AND HAS NOT BEEN INDEPENDENTLY VERIFIED, VALIDATED, EVALUATED, OR TESTED BY THE COMPANY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE COMPANY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. HOWEVER, THIS PROVISION SHALL BE ENFORCED TO THE FULL EXTENT ALLOWED BY LAW. THE EXCLUSIONS AND LIMITATIONS SET FORTH HERE AND IN OTHER SECTION OF THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NMND AND YOU. YOU AGREE THAT THIS SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
Section 19.0 - Limitation of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR APPLICATION, OR ANY MATERIALS OR CONTENT ON THE SERVICE OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE PRICE YOU PAID FOR THE SERVICE GIVING RISE TO LIABILITY OR (B) $50 (USD). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, THIS PROVISION WILL BE ENFORCED TO THE FULL EXTENT ALLOWED BY LAW. THE EXCLUSIONS AND LIMITATIONS SET FORTH HERE AND IN OTHER SECTION OF THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NMND AND YOU. YOU AGREE THAT THIS SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
Section 19.1 - Experimental and Cutting Edge Technology
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE ARE EXPERIMENTAL AND/OR CUTTING EDGE TECHNOLOGIES. YOU AGREE THAT YOUR USE OF THE SERVICE WILL INCLUDE USING EXPERIMENTAL AND/OR CUTTING EDGE TECHNOLOGIES AND YOU AGREE TO ACCEPT ALL RISKS AND RESPONSIBILITIES FOR USING THE SERVICE.
Section 20.1 - Dispute Resolution Generally
You agree that any and all legal action, proceeding, or disputes arising in connection with these Terms, your use of the Service and your acceptance and use of the Results shall be resolved by binding arbitration governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. Any arbitration hearings will take place at a location to be agreed upon in Wyoming, United States. If no arbitrator is available to proceed with hearings in Wyoming, the arbitration proceedings shall take place at a location to be agreed upon in Los Angeles County, California, United States. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, the Service, and the Results, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If the arbitrator finds that either the substance of your claim or the relief sought 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 fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In all other cases, the cost of arbitration shall be shared equally by the parties. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to all products and services provided to you by the Company, or persons employed or engaged by the Company.
Section 20.2 - Exceptions to Dispute Resolution
Notwithstanding subsection 20.1, the Company and you agree that nothing herein will be deemed to waive, preclude or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
Section 20.3 - No Class Actions
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.
Section 20.4 - Modifications
In the event that the Company makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change in which case your account with the Company shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
Section 20.5 - Enforceability
If the entirety of this Section 20 (including all subsections therein, such as Section 20.1 through Section 20.4) is found to be unenforceable, then the entirety of this Section 20 (including Section 20.1 through Section 20.4) shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23 shall govern any action arising out of or related to these Terms.
Section 21.0 - Assumption of Risk
You agree and understand that any and all information provided pursuant to the Service or on the Application is based on representations of third party researchers, companies, laboratories, or other third party individuals. You understand and agree that NMND does not independently test, validate, or verify any information provided pursuant to the Service or on the Application. Any and all information provided on the Application is intended to provide you with information, and is not intended to be a medical diagnosis, a medical prognosis, medical advice, or medical opinion. You agree that you are exclusively responsible for independently verifying all information provided pursuant to the Service and provided on the Application, and agree to assume all risk for any all decisions you make in reliance on any such information.
Section 22.0 - Modification of the Terms
Section 23.0 - General
These Terms constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Service, and, except as expressly permitted herein, may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. These Terms and your use of the Application and Service, and provision of your information, shall be governed by the laws of the State of Wyoming without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and the Company agree to submit to the personal and exclusive jurisdiction of the state courts located within Wyoming for the purpose of litigating all such disputes. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, all provisions that by its nature should survive will survive such termination or expiration, expressly including, without limitation, all of Sections 10 through 37, including all subsections therein.
Section 24.0 - Variability
Due to the inherent variability in manufacturing, some variability in serving size is inevitable. For encapsulated products, please allow for up to a six percent (6%) variation in weight from the stated serving size. For powdered products, please allow up to a four percent (4%) variation in weight from the stated total amount.
Section 25.0 - Termination
These Terms shall continue to have full force and effect unless and until terminated by the Company. The Company may terminate, suspend or restrict any provision of these Terms and the Service at any time in its sole discretion and without notice to you.
Section 26.0 - Third-Party Beneficiaries
Nothing contained in these Terms is meant or intended to confer any rights, remedies or benefits upon any third party.
Section 27.0 - Use of Third Party Software and Services
From time-to-time the Company may rely or use the software or services of third parties. You understand and agree that the Company does not make any guarantees or warranties for the software or services provided by any third-party.
Section 28.0 - Results Not Guaranteed
The Company cannot and does not guarantee that the Service will provide any particular results. By accepting these Terms, you acknowledge and understand that the Company’s recommendations are the result of statistical likelihoods, and are neither certain nor foolproof. You understand and agree that all statistics provided on the Application are based on the best data and methods available to the company at the time the statistics were generated. Your results may vary. You further understand and agree that the Company may use cutting edge and sometimes experimental methods to provide you with the information provided in the Application.
Section 29.0 - Customer Testimonials
The Company reserves the right to publish customer testimonials at its sole discretion. You understand and agree that the Company relies on information provided by customers to publish these testimonials, and that the Company cannot independently verify any information, photographs, or data provided by such customers. You further agree and understand that, in order to protect the identity of individuals submitting customer testimonials, the Company reserves the right to change in published materials information that may identify the individual providing the testimonial (such as, without limitation, the name of the submitting individual). You understand that the Company will not intentionally disseminate any information that might identify individuals submitting a customer testimonial, unless the submitting customer specifically authorizes the Company to release such information.
Section 30.0 - Giveaways and Promotions
The company reserves the right to conduct giveaways for promotional purposes. You understand and agree that the Company will conduct giveaways in accordance with the laws of the State of Wyoming, and that you are responsible for ensuring that you comply with all relevant federal laws, and any state and local laws that apply in your jurisdiction. You understand and agree that you must be 18 years of age or older to be eligible to enter to win the giveaway, and, by participating in any giveaway, you represent that, as of the date of the giveaway is awarded, you are 18 years of age or older. You further understand and agree that any and all giveaways are to occur only after 1,000 unique submissions have been made, and that the Company reserves the right to cancel the giveaway at any time prior to a winner of the giveaway being publicly named or if the company suspects any entrant of fraud. You agree and understand that each individual is only eligible to make one submission per giveaway. You further agree and understand that, should you be selected to receive a giveaway, NMND makes no any warranty to the giveaway product, and that you are not entitled to receive any warranty from NMND or the manufacturer of the giveaway product. You further agree to hold harmless and indemnify NMND for any and all damage that occurs directly or indirectly from the giveaway or the giveaway product.
Section 31.0 - Electronic Signatures
By using our Services you consent to transact business with the Company electronically.
Section 32.0 - Restricted Individuals
You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Section 33.0 - Subscriptions Automatically Renew
All amounts are payable and charged: (i) for one-off purchases, at the time you place your order; and (ii) FOR SUBSCRIPTION-BASED PURCHASES, AT THE BEGINNING OF THE SUBSCRIPTION AND, BECAUSE EACH SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL YOU CANCEL IT, AT THE TIME OF EACH RENEWAL UNTIL YOU CANCEL. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period. YOU CAN CANCEL THE RENEWAL OF YOUR SUBSCRIPTION AT ANY TIME by contacting us by email at firstname.lastname@example.org. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive products ordered until the end of your current subscription period.
When ordering, it is your responsibility to ensure that all information submitted to NMND is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order.
Section 34.0 - Payments are Non-refundable
We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with NMND.
NMND reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances NMND deems appropriate in its sole discretion. NMND also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. NMND will either not charge you or refund the charges for orders that we do not process or cancel.
Section 35.0 - No Medical Advice
The products and the claims made about specific products on or through the Application have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on this Application is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use any information provided by the Company for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional, and carefully read all information provided on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product (including regarding any interactions between any medication you are currently taking and such products), before starting any diet or exercise program or before adopting any treatment for a health problem, or if you have or suspect you might have a health problem. NMND relies on independent research, companies, and laboratories for the information provided on the Application and pursuant to our Services, and NMND has not independently verified, tested, validated or evaluated any such information.
Section 36.0 - Products for Personal Use Only
The Services, and any items or samples thereof we may provide to you, are for personal use only. You may not sell or resell the Services, or any of the products or samples thereof, that you purchase or otherwise receive from us. You further may not use the Services, or any of the products or samples thereof, for research purposes or for institutional use. If you would like to resell the Services, or any of the samples or items thereof, or use such Services for institutional or research purposes, such Services therein must be purchased at wholesale. For wholesale inquiries please contact us at email@example.com. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.
Section 37.0 - Payment and Order Terms
The Services enable you to order products from NMND. The amounts due and payable by you for any product that you purchase through the Services (including applicable taxes, shipping and handling) will be presented to you before you place your order. If you place an order for any products via the Services, you agree (a) that NMND may charge your credit card for verification, pre-authorization and payment purposes, and (b) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. Your order is not binding on NMND until accepted and confirmed by NMND. You shall not subject the Services or items purchased or received via the Services to independent testing, review, or publication. You shall not sell, repackage, or advertise the Services or any items purchased or received via the Services.
Section 38.0 - Promotions, Coupons, and Discounts
Promotions, coupons, and discounts are valid for a limited time only. NMND reserves the right to modify or cancel any promotion, coupon, or discount at any time and for any reason. NMND reserves the right to offer promotions and discounts to any person, as well as to refuse promotions or discounts to any person. Promotions, coupons, and discounts are limited to one per household. Promotions, coupons, and discounts are not valid until: (1) they are applied to the qualifying Service; and (2) you have completed the purchase of the qualifying Service. Promotions, coupons, and discounts may not be combined with any other promotions, coupons, and discounts.
Section 40.0 - Warning for Children and Animals
The products provided pursuant to the Service should not be provided to any person under the age of eighteen (18) years old, or to any animals such as pets. You accept sole responsibility for the safe storage the products provided pursuant to the Service. You further accept sole responsibility for ensuring that such products are kept out of reach of any person under the age of eighteen (18) years old and/or animals.