Terms of service

OVERVIEW
Welcome to The Nutrition Store LLC! The terms “we”, “us” and “our” refer to The Nutrition Store LLC. The Nutrition Store LLC operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). The Nutrition Store LLC is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. The Nutrition Store LLC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Nutrition Store LLC confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as The Nutrition Store LLC may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by The Nutrition Store LLC, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of The Nutrition Store LLC, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by The Nutrition Store LLC.
The Nutrition Store LLC’s names, logos, product and service names, designs, and slogans are trademarks of The Nutrition Store LLC or its affiliates or licensors. You must not use such trademarks without the prior written permission of The Nutrition Store LLC. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
The Nutrition Store LLC is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Nutrition Store LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Nutrition Store LLC, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Nutrition Store LLC.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm The Nutrition Store LLC, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY The Nutrition Store LLC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL The Nutrition Store LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Nutrition Store LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where The Nutrition Store LLC is headquartered. You and The Nutrition Store LLC consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@thenutritionstores.com.
Our contact information is posted below:
[INSERT TRADING NAME]
hello@thenutritionstores.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] OVERVIEW
This website is operated by The Nutrition Store LLC. Throughout the site, the terms “we”, “us” and “our” refer to The Nutrition Store LLC. The Nutrition Store LLC offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Nutrition Store LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Nutrition Store LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at jakob@thenutritionstores.com.
Our contact information is posted below:
[INSERT TRADING NAME]
jakob@thenutritionstores.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] TERMS AND CONDITIONS OF USE

These TERMS AND CONDITIONS OF USE (“Terms of Use”) apply to the website of The Nutrition Store, LLC (“The Nutrition Store”), a South Carolina limited liability company, and all of its content, and all associated websites and all of their content (collectively, the “Site”). BY USING THE SITE, YOU HEREBY CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. The Nutrition Store reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, The Nutrition Store grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site.

1. INTELLECTUAL PROPERTY. THIS SITE AND ALL OF ITS CONTENTS INCLUDING, BUT NOT LIMITED TO, TRADEMARKS, TRADE NAMES, SERVICE MARKS, ARTICLES, OTHER TEXT, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS, PRODUCT NAMES, DESIGNS, AND THE COLLECTION, ARRANGEMENT, AND ASSEMBLY OF ALL CONTENT (COLLECTIVELY, “THE INTELLECTUAL PROPERTY”) ARE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS OF THE UNITED STATES, AS WELL AS INTERNATIONAL CONVENTIONS AND THE LAWS OF OTHER COUNTRIES. ALL OF THE INTELLECTUAL PROPERTY IS OWNED BY AND THE PROPERTY OF EITHER The Nutrition Store, OR ITS LICENSORS, AFFILIATES, PARTNERS, SUPPLIERS, VENDORS, OR DISTRIBUTORS. NONE OF THE INTELLECTUAL PROPERTY MAY BE COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, DOWNLOADED, DISPLAYED, POSTED, OR TRANSMITTED IN ANY FORM OR BY ANY MEANS INCLUDING, BUT NOT LIMITED TO, ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING, OR OTHERWISE, WITHOUT THE PRIOR, EXPRESS WRITTEN CONSENT OF THE NUTRITION STORE. NOTHING ON THE SITE SHALL BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE ANY LICENSE OR RIGHT TO USE ANY OF THE INTELLECTUAL PROPERTY DISPLAYED ON THE SITE WITHOUT THE PRIOR WRITTEN CONSENT OF The Nutrition Store OR THE APPLICABLE INTELLECTUAL PROPERTY OWNER. YOUR USE OF THE SITE DOES NOT PROVIDE YOU WITH OWNERSHIP RIGHTS TO ANY INTELLECTUAL PROPERTY VIEWED THROUGH THE SITE NOR DOES IT WAIVE ANY OF THE NUTRITION STORE’S OR ITS LICENSORS’, AFFILIATES’, PARTNERS’, SUPPLIERS’, VENDORS’, OR DISTRIBUTORS’ RIGHTS IN SUCH INFORMATION AND MATERIALS.

Notwithstanding the foregoing, you may use information on The Nutrition Store’s products and services made available on the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such documents.

2. USE OF THE SITE. BY VISITING AND/OR USING THIS SITE, YOU AGREE TO REFRAIN FROM DOING ALL OF THE FOLLOWING: (I) USING ANY “DEEP-LINK”, “PAGE-SCRAPE”, "ROBOT", “SPIDER” OR OTHER AUTOMATIC DEVICE, PROGRAM, ALGORITHM OR METHODOLOGY, OR ANY SIMILAR OR EQUIVALENT MANUAL PROCESS, TO ACCESS, ACQUIRE, COPY OR MONITOR ANY PORTION OF THE SITE, OR IN ANY WAY REPRODUCE OR CIRCUMVENT THE NAVIGATIONAL STRUCTURE OR PRESENTATION OF THE SITE, TO OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS, DOCUMENTS OR INFORMATION THROUGH ANY MEANS NOT PURPOSELY MADE AVAILABLE THROUGH THE SITE; (II) ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PORTION OR FEATURE OF THE SITE, OR ANY OTHER SYSTEMS OR NETWORKS CONNECTED TO THE SITE, OR TO ANY OF THE SERVICES OFFERED ON OR THROUGH THE SITE, BY HACKING, PASSWORD “MINING” OR ANY OTHER ILLEGITIMATE MEANS; (III) PROBE, SCAN OR TEST THE VULNERABILITY OF THE SITE OR ANY NETWORK CONNECTED TO THE SITE, NOR BREACH THE SECURITY OR AUTHENTICATION MEASURES ON THE SITE OR ANY NETWORK CONNECTED TO THE SITE; (IV) TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON THE INFRASTRUCTURE OF THE SITE, OR ANY SYSTEMS OR NETWORKS CONNECTED TO THE SITE; (V) USE ANY DEVICE, SOFTWARE OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE SITE OR ANY TRANSACTION BEING CONDUCTED ON THE SITE, OR WITH ANY OTHER PERSON’S USE OF THE SITE; (VI) FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY MESSAGE OR TRANSMITTAL YOU SEND TO THE NUTRITION STORE ON OR THROUGH THE SITE OR ANY SERVICE OFFERED ON OR THROUGH THE SITE; (VII) PRETEND THAT YOU ARE, OR THAT YOU REPRESENT, SOMEONE ELSE, OR IMPERSONATE ANY OTHER INDIVIDUAL OR ENTITY; OR (VIII) USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE, OR TO SOLICIT THE PERFORMANCE OF ANY ILLEGAL ACTIVITY OR OTHER ACTIVITY WHICH INFRINGES THE RIGHTS OF THE NUTRITION STORE OR OTHERS. ANY ACTIONS IN VIOLATION OF THESE TERMS OF USE WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO, BY POSSIBLE CIVIL, CRIMINAL, AND INJUNCTIVE REDRESS.

The Nutrition Store reserves the right to terminate your access to the Site and any of its services if it determines that you have not complied with or are not currently complying with these Terms of Use; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of The Nutrition Store’s, or its licensors, affiliates, partners, suppliers, or vendors’ rights or interests in the Site, services, or other property; or for any or no reason whatsoever, without prior notice to you. Upon termination, you must cease use of The Nutrition Store’s Site and destroy all materials obtained from the Site and all copies thereof, whether made under these Terms of Use or otherwise.

3. COMMUNICATIONS. YOU HEREBY DISCLAIM ANY AND ALL OWNERSHIP, ROYALTIES, CLAIMS FOR CREDIT, AND ANY OTHER FORM OF COMPENSATION OR RECOGNITION WHATSOEVER, OVER ANY COMMENTS, INFORMATION, SUGGESTIONS, MESSAGES, IDEAS, CONCEPTS, REVIEWS, OR TECHNIQUES, INCLUDING BUT NOT LIMITED TO, THOSE RELATED TO MANUFACTURING, DEVELOPING, MARKETING, SELLING PRODUCTS AND SERVICES, OR CREATING, MODIFYING OR IMPROVING THE SITE, CONTAINED IN ANY COMMUNICATION YOU MAY SEND TO THE NUTRITION STORE, WHETHER THROUGH THE SITE OR BY ANY OTHER MEANS. MOREOVER, YOU HEREBY GRANT THE NUTRITION STORE A NONEXCLUSIVE, ROYALTY-FREE, WORLDWIDE, PERPETUAL LICENSE TO DISPLAY, USE, REPRODUCE, AND MODIFY ANY INFORMATION YOU POST ON THE SITE.

ORDERS. Orders placed will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a product or service purchased from the Site in accordance with The Nutrition Store’s return and exchange policy in effect at the time of your purchase.
INFORMATION/SITE ACCURACY. The Nutrition Store attempts to ensure that information on the Site is complete, accurate and current, however the information on the Site may occasionally be inaccurate, incomplete or out of date. The Nutrition Store makes no representation or warranties as to the completeness, accuracy or currentness of any information on the Site. Products on the Site may be unavailable, have different attributes than those listed, or may actually carry a different price than that stated on the Site. The Nutrition Store may make changes in information about price and availability of products and services without prior notice. Although The Nutrition Store routinely confirms orders by e-mail, the receipt of an e-mail order confirmation does not constitute an acceptance of an order or a confirmation of an offer to sell a product or service. The Nutrition Store reserves the right, without prior notice, to limit the order quantity of any product or service and/or to refuse service to any customer. The Nutrition Store may also require verification of information prior to the acceptance and/or shipment of any order.
DISCLAIMERS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER NUTRFIT NOR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS, VENDORS, OR DISTRIBUTORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER NUTRFIT NOR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS, VENDORS, OR DISTRIBUTORS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, SUPPLIERS, AND/OR VENDORS, IF ANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NUTRITION STORE HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND/OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE NUTRITION STORE HEREBY EXPRESSLY DISCLAIMS 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 NUTRITION STORE MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS AND/OR WARRANTIES PERTAINING TO THE SAFETY, QUALITY, NUTRITIONAL VALUE, OR EFFECTIVENESS OF ANY PRODUCT OR SERVICE MARKETED, SOLD, BOUGHT, FEATURED, OR ADVERTISED THROUGH OR ON THE SITE. THE NUTRITION STORE IS STRICTLY A RESELLER AND DOES NOT ENDORSE ANY PRODUCTS AND/OR SERVICES MARKETED, SOLD, BOUGHT, FEATURED, OR ADVERTISED THROUGH OR ON THE SITE. THE NUTRITION STORE MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST THE NUTRITION STORE, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, LICENSORS, AGENTS, SUCCESSORS AND ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE SITE.

LIMITATIONS OF LIABILITY. Neither The Nutrition Store nor any of its officers, directors, employees, shareholders, affiliates, agents, successors, affiliates or assigns assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site. IN NO EVENT WILL THE NUTRITION STORE OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.

NO HEALTH ADVICE. The information contained on the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor and/or other health care professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by healthcare or nutrition professionals employed by or contracting with The Nutrition Store) for diagnosing or treating 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 and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

9. LINKS. THE SITE MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES. THE NUTRITION STORE HAS NOT REVIEWED THESE SITES AND IS NOT RESPONSIBLE FOR THE ACCURACY, CONTENT, PRIVACY POLICIES OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE NUTRITION STORE’S SITE. THE NUTRITION STORE DOES NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED IN SUCH THIRD-PARTY WEB SITES OR CONTENT. THE NUTRITION STORE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE NUTRITION STORE WITH RESPECT TO SUCH SITES AND THIRD-PARTY CONTENT. NEITHER THE NUTRITION STORE NOR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS IS LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIRD-PARTY MATERIAL OR THIRD-PARTY WEB SITES THAT ARE LINKED TO THIS SITE. NO LINK TO THE SITE MAY BE FRAMED TO THE EXTENT THAT SUCH FRAME CONTAINS ANY SPONSORSHIP, ADVERTISING, OR OTHER COMMERCIAL TEXT OR GRAPHICS. DEEP LINKING TO INTERNAL PAGES OF THIS SITE IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR, EXPRESS WRITTEN CONSENT OF THE NUTRITION STORE.

10. INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS, THE NUTRITION STORE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST, ANY AND ALL CLAIMS, ACTIONS, OR DEMANDS, INCLUDING, BUT NOT LIMITED TO, REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE SITE OR YOUR BREACH OF THESE TERMS OF USE. THE NUTRITION STORE SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND YOU SHALL, AT YOUR SOLE COST AND EXPENSE, DEFEND ANY SUCH CLAIM, SUIT, OR PROCEEDING.

11. ARBITRATION. READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW ANY CLAIMS THAT YOU AND THE NUTRITION STORE HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HEREBY AGREE THAT ANY AND ALL DISPUTES OR DISAGREEMENTS WITH THE NUTRITION STORE ARISING OUT OF (I) YOUR USE OF OR INTERACTION WITH THE SITE, (II) ANY PURCHASES OR OTHER TRANSACTIONS OR RELATIONSHIPS WITH THE NUTRITION STORE, ITS AGENTS, AFFILIATES, SUCCESSORS, AND/OR ASSIGNS, OR (III) ANY DATA OR INFORMATION YOU MAY PROVIDE TO THE NUTRITION STORE OR THAT THE NUTRITION STORE MAY GATHER IN CONNECTION WITH SUCH USE, INTERACTION OR TRANSACTION, SHALL BE RESOLVED VIA ARBITRATION. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE HEREBY WAIVING YOUR RIGHT TO PURSUE A CLAIM IN COURT, OR HAVE A JURY DECIDE THE CLAIM, AND THAT YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT.

In the event The Nutrition Store is unable to informally resolve any complaints, disputes, or disagreements that you may have with it, you agree to submit such unresolved claim, whether arising out of these Terms of Use, The Nutrition Store’s Privacy Statement, or any content involving or related to the Site, to final and binding arbitration (“Arbitration”) in accordance with the American Arbitration Association (“AAA”) rules and procedures in effect at the time the Arbitration is initiated. This Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding anything contained herein to the contrary, you hereby agree that the following shall apply to any Arbitration proceeding initiated hereunder: (i) the Arbitration shall be conducted before a single arbitrator selected in accordance with the applicable AAA rules or by mutual agreement between you and The Nutrition Store (the “Arbitrator”); (ii) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or these arbitration provisions in this Section hereof, including but not limited to, any claim that all or any part of these Terms of Use is void or voidable; (iii) the Arbitration shall be held either (a) in a mutually agreeable location in Lake County, South Carolina, or, in the event the foregoing location is disallowed by the applicable AAA rules, a location determined by the AAA pursuant to the applicable rules; or (b) at your election, if the only claims in the Arbitration are asserted by you and are for less than $10,000 in the aggregate, by telephone or by written submission; (iv) the Arbitrator (a) shall apply internal laws of the State of South Carolina consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles, (b) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with South Carolina or federal rules of procedure, as applicable, (c) shall honor claims of privilege recognized at law, and (d) shall have authority to award any form of legal or equitable relief; (v) the Arbitration can resolve only your and/or The Nutrition Store's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated; (vi) the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it; and (vii) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the applicable AAA rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. The Nutrition Store may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after The Nutrition Store has given notice of such modifications and only on a prospective basis for claims occurring after the effective date of such notification. In the event the AAA is no longer in existence, all unresolved complaints, disputes, or disagreements that you may have with The Nutrition Store shall be submitted to the appropriate court in Lake County, South Carolina for resolution.

Notwithstanding the foregoing or anything contained herein to the contrary, you agree that any issue or dispute arising out of or in connection with your use of the Site, Intellectual Property, the Terms of Use, or any other matter concerning The Nutrition Store, shall be governed by the laws of the United States and the State of South Carolina.

12. ACCOUNTS, PASSWORDS AND SECURITY. CERTAIN FEATURES OR SERVICES OFFERED ON OR THROUGH THE SITE MAY REQUIRE YOU TO OPEN AN ONLINE ACCOUNT (INCLUDING SETTING UP A USERNAME AND PASSWORD) (AN “ACCOUNT”). YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE INFORMATION YOU HOLD FOR YOUR ACCOUNT, INCLUDING YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP THIS INFORMATION SECURE AND CONFIDENTIAL. YOU AGREE TO NOTIFY THE NUTRITION STORE IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT, OR ANY OTHER BREACH OF SECURITY. YOU MAY BE HELD LIABLE FOR LOSSES INCURRED BY THE NUTRITION STORE OR ANY OTHER USER OF OR VISITOR TO THE SITE DUE TO SOMEONE ELSE USING YOUR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP YOUR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL.

You may not use anyone else’s Account at any time without the express permission and consent of the holder of that Account. The Nutrition Store cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

The Nutrition Store (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at The Nutrition Storecle@yahoo.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Madison, South Carolina before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which The Nutrition Store’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

13. ENTIRE AGREEMENT. These Terms of Use, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between The Nutrition Store and you relating to the subject matter hereof and supersede any prior versions of these Terms of Use as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

You understand that any information as found within our Website is for general educational and informational purposes only. You understand that such information is not intended nor otherwise implied to be medical advice.

No products are approved by the FDA and it is advised that you do the necessary research for any type of supplement that you put into your body. The Nutrition Store is not responsible for any side effects, health issues/complications from any of the products available for sale in-store or available through the online site.

The chemicals/materials for sale here are intended for laboratory and research use only, unless otherwise explicitly stated. They are not intended for human ingestion or for use in products that may be ingested. You must be at least 18 (eighteen) years of age to purchase goods on this website. The listing of a material on this website does not constitute a license to, or a recommendation for its use in infringement of any patent whatsoever. It is understood that all of the products purchased here will be handled only by qualified and trained individuals.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

NF Supps (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@The Nutrition Storecle.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which NF Supps’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.