GIFTED NUTRITION TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH GIFTED NUTRITION PROVIDES YOU WITH VARIOUS SERVICES.
Effective Date: July, 2014
Description of Service
In the Site, Gifted Nutrition provides users with access to sales of products and apparel online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Site Access
Gifted Nutrition grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as, but not limited to, the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose(in Gifted Nutrition's sole discretion) an unreasonable or disproportionately large load on Gifted Nutrition's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Gifted Nutrition to prevent or restrict access to the Site. Any unauthorized use by you shall immediately terminate the permission or license granted to you by Gifted Nutrition.
The Site and Service are not available to minors under the age of 18 or to any users suspended or removed from the system by Gifted Nutrition for any reason. Additionally, you are prohibited from selling, trading, or otherwise transferring your Gifted Nutrition account to another party. If you do not qualify, you may not use the Gifted Nutrition Service or the Site.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Gifted Nutrition has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gifted Nutrition has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Gifted Nutrition immediately of any unauthorized use of your account or any other breach of security. Gifted Nutrition reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
Description Of Gifted Nutrition Products and Service
Gifted Nutrition provides users with a simple way to manage their ongoing purchases. We strive to provide the best service, prices and experience. Subject to our shipping and return policy, if you would like to change, or cancel your order(s) prior to shipment, you may do so immediately online by logging into your account, or speaking with a customer service representative. For a full description of our shipping and return policy please see below.
How do I qualify for a return?
Products that qualify for a return are items that were shipped incorrectly (i.e., wrong item delivered), defective or damaged items, or products that arrived after the expiration date. We apologize, but we cannot accept a return for issues with taste or if you do not like the results from a product.
If the item is in the original manufactures' packing and unopened, then it may qualifies for a return.
If you placed the order for the item more than 30 days ago, unfortunately we are unable to accept the return.
If you decide a product you ordered within the last 30 days isn't what you need and you haven't opened it, we can issue a refund, send a replacement, or award in-store credit to use towards a future purchase. To process the return, please contact us by email at firstname.lastname@example.org or 1-844-344-3833 ; provide your name, the order number, the reason for returning the product, and if you prefer a replacement item, a refund, or an in-store credit.
We recommend using a shipping method that provides a tracking number when returning the item to our warehouse so you can be sure it arrives. We cannot be responsible for the amount of time it takes for the item to be returned to our facility, or if the item is lost or broken during the process.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to Gifted Nutrition through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Gifted Nutrition, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Gifted Nutrition and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and/or services. By submitting any Unsolicited Information, you are granting Gifted Nutrition a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED VIA THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE GIFTED NUTRITION, LLC AND ITS AFFILIATES ("GIFTED NUTRITION PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, PRODUCTS, SERVICES OR CONTENT OBTAINED VIA THE SITE. NONE OF THE GIFTED NUTRITION PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE, PRODUCTS, SERVICES AND CONTENT OBTAINED BY YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. NONE OF THE GIFTED NUTRITION PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, PRODUCTS, SERVICES OR CONTENT OBTAINED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, PRODUCTS, SERVICES OR CONTENT OBTAINED VIA THE SITE IS TO STOP USING THE SITE AND SERVICES.
Gifted Nutrition attempts to be as accurate as possible with products descriptions and prices. However, Gifted Nutrition does not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Gifted Nutrition’s suppliers, Gifted Nutrition shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Gifted Nutrition shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIFTED NUTRITION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GIFTED NUTRITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS PURCHASED VIA THE SITE.
You agree to indemnify, defend and hold the Gifted Nutrition Parties harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this TOS, your use of the Site or Service, or your violation of any law or the rights of a third party.
When you use the Site or send emails to Gifted Nutrition, you are communicating with Gifted Nutrition electronically. You consent to receive communications from Gifted Nutrition electronically. Gifted Nutrition will communicate with you by email or by posting notices on the Site. 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.
The Site or third parties may provide links to other World Wide Web sites or resources. Because Gifted Nutrition has no control over such sites and resources, you acknowledge and agree that Gifted Nutrition is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Gifted Nutrition shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modification and Notification of Changes
After notice of a modification to the TOS has been posted for 30 days, the notice will be removed. If you have not used the Site for more than 30 days, you should check for any modifications to the TOS prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS, you may do so by logging into your account here and terminating your account. If you choose to continue using the Site after any such changes have been made, you agree that by doing so you will be deemed to accept the new TOS.
Intellectual Property Rights
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Gifted Nutrition and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Gifted Nutrition or such third party which may own the Marks. All information and content available on or through the Site, including, without limitation, any software programs, ("Content") is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and is the property of Gifted Nutrition. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Procedure for Claims of Intellectual Property Infringement
Gifted Nutrition respects the intellectual property of others, and we ask our users to do the same. Gifted Nutrition may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Gifted Nutrition's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Gifted Nutrition's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Gifted Nutrition Enterprises, Inc.
3250 NE 1st Ave. #200
Miami FL 33137
Gifted Nutrition may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of this section.
Termination of Your Use of Our Service
You agree that we, in our sole discretion, may terminate your access to and use of our Service, and/or remove, discard or modify any Content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Service. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to our Service, even if advised of a claim for damages. If you wish to terminate your account, you may do so.
Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
Fraudulent Activity. Please respect these Terms. Gifted Nutrition reserves the right to void any sales and take any action we deem reasonably necessary if we suspect any fraud on your part. For instance, having multiple accounts with alternate email addresses or identities is a violation of this TOS, and may result us taking action, including terminating your account with us.
Marketing Emails. By participating in this Program and referring a Friend, you are agreeing to receive our marketing emails to the email address you provide to us. If you wish to stop receiving these emails at any time, please opt out using the link at the bottom of the relevant email or by writing to service@GiftedNutrition.com
No Spam. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation, or any posting of this link on any website or social media or other forum is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Gifted Nutrition's Refer-a-Friend program.