Revised as of September 27, 2020
Finally, you acknowledge and understand that these Terms are supported by reasonable and valuable consideration and acknowledge the sufficiency of such consideration. This consideration includes, without limitation, your use of the Services and your interaction with us through the Website.
Ownership and Limited License to use the Content and Services
EcoNugenics holds all right, title and interest to the contents of the Website, including but not limited to text, graphics or code that is displayed thereon (“Content”). Such Content is copyrighted as a collective work under the United States and other copyright laws and is the sole property of EcoNugenics. EcoNugenics grants you a limited and fully revocable license to electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with us or purchasing our products or for your personal and non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited and you further agree not to: (a) change or delete any proprietary notices from materials downloaded from the Website; or (b) create or maintain a link from another Website to any page on this Website without our prior written permission.
Please note that if you use this Website or the Services in a manner that violates the above conditions then, in addition to our other legal rights that we may have, we may limit, terminate or suspend your license to use the Services without prior notice.
Registration and Access Restrictions
Links to Third-Party Sites
No Professional Advice or Medical Information
Neither the Website or the Services constitute or comprise any form of medical advice, diagnosis or treatment, and you acknowledge and understand the information that we provide regarding our products or services or provided on the Website generally is for informational purposes only. In addition, none of our personnel are authorized to provide any medical or other professional advice through the Services and we have not confirmed (and will not confirm) the qualifications of and representations made by any users of the Website who respond to questions on our forums. Users of the Services are expressly warned against using any information obtained via the Services for diagnostic purposes or to replace medical advice, medication or other treatments prescribed by healthcare practitioners. Further, you assume sole responsibility for consulting with your physician or other healthcare provider prior to using any of our products or relying on any information that you have obtained via the Services. No information that we provide has been evaluated or approved by any governmental authorities including without limitation, the United States Food and Drug Administration or any similar authorities in any country and none of our products or services are intended to diagnose, treat, cure or prevent any disease or condition.
To purchase any products or services through the Services, you acknowledge that you are legally entitled to provide us with payment information and, as required by applicable law, at least 18 years of age. In addition, as a prerequisite to such purchase, you must provide us with valid, updated payment information associated with a credit card or other payment method that you are authorized to use and hereby authorize us to charge your credit card or other payment method for the purchase price of such products together with any taxes, fees, or shipping charges described on the Services. You also agree to adhere to any terms and conditions detailed within our Shipping and Return Policy.
We use reasonable efforts to ensure that our product descriptions are accurate. However, we do not warrant the accuracy or completeness of such descriptions or that any products listed on the Services are suitable for the diagnosis, treatment, cure, or prevention any disease or medical condition. If you receive a product that you believe to be materially different from our product description, your sole remedy will be to return the product to us for a refund in conformance with the terms of our Shipping and Return Policy. In addition, in the event that we misprice one of our products, we will use reasonable efforts to notify you prior to shipping and will offer you the opportunity to either cancel your order or pay the revised price.
You hereby consent to communicating with us electronically including by e-mail or by posting or reviewing notices that we post on our Website and agree that any notices posted in this manner satisfy our obligation to provide you with written communication. through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that the Company provides to you electronically satisfy any requirement that such communications be in writing.
Compliance with Applicable Laws (including Export Restrictions)
You are considered to be the importer of record for all shipments that you receive from us, and agree to comply with all applicable laws and regulations related to the import and export of goods from your location. This means that you are solely responsible for paying any fees, fines, or other costs that either we or you incur in connection with such non-compliance. You also agree to adhere to any export control and economic sanctions requirements and by acquiring products from us, you warrant that you will comply with these obligations.
Copyright Infringement Notice
If you believe that Content on the Services violates your copyright, we request that you send us a notice using the following contact information:
Telephone Number: 800-308-5518
396 Tesconi Ct
Santa Rosa, California
YOUR USE OF THE SERVICES IS AT YOUR RISK. ALL DATA, PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY DATA PROVIDED BY OR TRANSMITTED ON OR THROUGH THIS WEBSITE OR THE SERVICES. IN ADDITION, WE ASSUME NO DUTY TO UPDATE ANY INFORMATION, MATERIALS OR SERVICES POSTED ON OUR WEBSITE.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS, INCLUDING, ANY IMPLIED WARRANTIES AND HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
THE FOREGOING WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
Neither we, our suppliers or any third party acting on our behalf will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to: (a) the Services; (b) any information, data, products or services advertised in or obtained through the Services, or (c) our removal or deletion of any materials (including User Content) that are submitted or posted on the Services, under any theory of liability including, without limitation, contract, tort, strict liability, even if we or any of our suppliers have been apprised of the possibility of damages.
Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of the Services and to seek a refund of the money you paid to us, if any, during the three months preceding your initiation of the claim or dispute. (Such a refund, in any case, will be governed by the applicable refund policy and the terms of sale specified on the Services or in these Terms.)
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold us and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our the Services, your violation of these Terms, or your violation of any rights of another party. This indemnity survives termination of these Terms.
Jurisdiction and Venue
All disputes arising pursuant to these Terms shall be governed by the internal laws of the State of California without regard to any conflict of law rules and shall be as if entered by residents of California and fully performed therein. You irrevocably consent to the jurisdiction of the courts of competent jurisdiction residing within either Sonoma or Santa Clara County, California for any action arising hereunder; provided, however, that we may seek injunctive relief or other equitable relief related to our rights hereunder before any court of competent jurisdiction.
Changes to these Terms
We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the Services. You bear sole responsibility to review our Website or Services to verify whether we have made such changes and your continued use of the Services following our posting of such changes constitutes your acceptance of such revised terms.
These Terms constitute an agreement between you and the Company, which the Company may terminate in its sole discretion, in whole or in part, at any time and for any reason. If we terminate this agreement with you, you may no longer access the Services. The following terms and conditions shall survive termination: No Professional Advice or Medical Information; User Content; Links to Third Party Sites; Electronic Communications; Disclaimers; Limitation of Liability; Indemnification; Jurisdiction and Venue; Termination; and Entire Agreement, Severability, No Waiver.
Entire Agreement; Severability; No Waiver
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
How to Contact Us
If you have any questions or comments about these Terms or the Services, please contact us by:
Telephone Number: 800-308-5518
396 Tesconi Ct
Santa Rosa, California