If any hninutrition.com services have additional terms and conditions, privacy statements, or other policies (“Separate Terms”), then those Separate Terms shall apply in connection with your use of that hninutrition.com service.
To the extent there is a direct conflict between the Separate Terms and these Terms, the Separate Terms shall govern. If you do not want to be bound by these Terms, do not use the site.
hninutrition.com is primarily an online retailer of third-party brands, and all product information is provided by the brand owner and is for information purposes only. Actual product packaging may contain different information than is displayed on our site. DO NOT RELY SOLELY ON THIS INFORMATION. ALWAYS READ LABELS, WARNINGS AND FOLLOW DIRECTIONS ON THE PRODUCT LABEL BEFORE USE. YOU HEREBY WAIVE ANY LIABILITY AGAINST HnINutrition.com FOR INACCURACIES OR MISSTATEMENTS RELATED TO PRODUCTS MANUFACTURED BY THIRD PARTIES.
hninutrition.com reserves the right to suspend or terminate your account and ability to use the site for failing to comply with these Terms or any Separate Terms related to a service, for infringing copyright, or for any other reason.
CHANGES IN TERMS
hninutrition.com has the sole right at any time and without prior notice to revise these Terms. hninutrition.com will post changes on our website, and it is your responsibility to review these Terms and any modifications.
hninutrition.com has the right at any time and without prior notice to terminate some or all of our services, any feature or portion thereof, or any products or services offered, and to terminate your right to access or use HnINutrition.com services.
COMPLIANCE WITH LAWS
The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other material on the site, as well as the selection, assembly, and arrangement thereof are referred to collectively as the “Content.”
The Content may contain errors, omissions, or may be out of date. hninutrition.com may change, delete, or update Content at any time. The Content is provided for informational purposes only and is not binding on hninutrition.com.
All content, logos, graphics, pages, scripts, and service names included in or made available through any site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the U.S. and other countries.
Our intellectual property may not be used without hninutrition.com written permission. All other trademarks and service marks not owned by hninutrition.com that appear in any site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by hninutrition.com.
You may view and use the Content for your personal information and for ordering and for no other purpose. hninutrition.com does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the site.
NOTICE AND PROCEDURE FOR ADDRESSING INTELLECTUAL PROPERTY CONCERNS
If you have any concerns related to intellectual property on the site, please provide the hninutrition.com copyright agent the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property at issue;
The location of the material giving rise to the concern on the site;
Your address, telephone number, facsimile number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owners, its agent, or the law;
A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owners.
Notification should be sent to:
1801 45th St S suite r, Fargo, ND 58103
701-205-1634; [email protected]
Product reviews appearing on the site are prepared by third-parties (including, but not limited to, review pages, message boards, forums, text files, chats, etc.). hninutrition.com has not determined whether a specific reviewer’s experience is what an average or typical customer may expect to achieve.
Some services on the site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain, and update correct, accurate, current, and complete information about yourself as prompted by our registration processes.
You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security involving or relating to the site.
The site allows you to post content, including, but not limited to, photos, reviews, ideas, suggestions, links, and other materials. Anything that you post or otherwise make available on or in connection with the site is referred to as “User Content.” User Content is non-confidential, non-proprietary, and may be used by hninutrition.com, hninutrition.com vendors, or their affiliates for any purpose without further permission, consent, payment, or other consideration, unless prohibited by law.
Your submission of User Content constitutes an agreement that you will defend, indemnify, and hold hninutrition.com harmless for all claims resulting from User Content you supply.
hninutrition.com is not responsible for, and does not endorse the opinions, advice, or recommendations in User Content and expressly disclaim all liability in connection in addition to that.
hninutrition.com reserves the right to modify, review, delete, and refuse to post User Content for any reason.
PUBLIC FORUMS AND COMMUNICATION
“Forum” means an area, site or feature offered as part of a Site that allows users to distribute User Content for viewing by Site users, including a chat area, message board, messaging, social community environment, profile page, blog, and email function.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Content. You further agree that your communications will comply with all rules set forth in section 10 below. HnINutrition.com cannot guarantee the security of any User Content, and you make such disclosures at your own risk. hninutrition.com has no duty to monitor any Forum.
RULES OF CONDUCT
By using the site, you agree that you will not submit any User Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including User Content that is or represents an attempt to engage in child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations) unless specifically authorized by hninutrition.com; (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the site; (i) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (j) is antisocial, disruptive, or destructive, including flaming, spamming, flooding, trolling, and griefing as those terms are commonly understood and used on the internet.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE hninutrition.com SITE AND CONTENT
UNLESS PROHIBITED BY APPLICABLE LAW, hninutrition.com MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO hninutrition.com, ANY LINKED SITE OR IT’S CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. hninutrition.com
ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF HnINutrition.com OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT hninutrition.com OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH hninutrition.com IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE hninutrition.com SERVICES.
UNLESS PROHIBITED BY APPLICABLE LAW, hninutrition.com SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT hninutrition.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL hninutrition.com BE LIABLE TO YOU FOR ANY AMOUNT.
By using the site you consent to receive communications from hninutrition.com electronically. hninutrition.com will communicate with you by email or by posting notices on the site. You agree that all notices, disclosures, agreements, and other communications that hninutrition.com provides electronically satisfy any legal requirement that such communications be in writing.
LINKED THIRD PARTY SITES
Links to other websites operated by third parties, including hninutrition.com vendors, do not constitute sponsorship, endorsement, or approval by hninutrition.com of the content, policies, or practices of such linked sites. HnINutrition.com does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience, and you access them at your own risk.
All purchases and orders are subject to the Conditions of Sale.
Suggested Retail Price (“SRP”) is provided by the manufacturer and is the manufacturer’s representation of value. Sales may or may not be made at this price. This price does not necessarily represent the prevailing retail price in every community, and may not represent the price at which hninutrition.com sells the product.
hninutrition.com may add shipping and handling fees and applicable sales/use or value-added tax. hninutrition.com reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through hninutrition.com.
hninutrition.com reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from hninutrition.com, for any reason. hninutrition.com reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, hninutrition.com shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, hninutrition.com shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by hninutrition.com pass to you upon hninutrition.com delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of hninutrition.com vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.
All purchases may be subject to applicable tax.
TRANSPARENCY IN SUPPLY CHAIN DISCLOSURE
The state of California requires the following disclosure statement as of January 1, 2012, pursuant to the “Transparency in Supply Chain Act of 2010”.
Most nutritional supplements sold by HnINutrition.com are manufactured in the U.S. in accordance with applicable U.S. labor laws. Some ingredients are sourced from foreign countries but U.S. manufacturers are required (per Good Manufacturing Practices outlined at 21 C.F.R. 111.260) to test ingredients for purity prior to use in nutritional supplements.
hninutrition.com employees are expected to conduct themselves with honesty and integrity, and we recognize the important role manufacturers, ingredient suppliers and business partners play in helping us fulfill our commitment to ethical and responsible retailing.
hninutrition.com is a retailer not a manufacturer, but HnINutrition.com is not aware of any unethical or illegal labor practices in connection with any ingredient sourced outside the U.S. We do not audit and assess each product manufacturer’s sourcing practice. hninutrition.com is aware of the importance of ethical sourcing, and if HnINutrition.com identifies a product manufacturer who does not meet hninutrition.com’s expectations (including avoiding ingredients manufactured with trafficked labor), hninutrition.com will work with them to take corrective action or discontinue selling products manufactured by them.
The site may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from hninutrition.com, and access certain other features. Mobile devices may be subject to additional terms and conditions.
DISCLAIMER AND LIMITATION OF LIABILITY
hninutrition.com provides the site (including all Content) “as is” without warranty of any kind, whether express or implied. You are solely responsible for damage that results from the use of the site including, but not limited to, damage to your computer system or loss of data.
hninutrition.com SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
hninutrition.com SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, OR $100 (WHICHEVER IS LESS).
HOLD HARMLESS AND INDEMNITY
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify hninutrition.com, its parent company, and their respective subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
By using the site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Fargo, ND in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Nothing in this Section shall prevent hninutrition.com from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the site.
CONDITIONS OF SALE
These Conditions of Sale apply to all purchases from HnINutrition.com. Please read these Conditions of Sale carefully.
Each time you purchase from HnINutrition.com, you agree:
That any and all disputes, claims, or causes of action arising from or related to your purchase, the product(s), or product consumption will be resolved through binding arbitration in Fargo, ND in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Conditions of Sale shall be construed in accordance with the laws of the state of North Dakota, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in North Dakota, and you will initiate any claim in connection with use of the site or these Conditions of Sale in Cass County, North Dakota.
To waive all rights to claim punitive, incidental, or consequential damages, injunctive relief, any other damages including attorneys’ fees, and any and all rights to have damages multiplied or otherwise increased. hninutrition.com SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ARBITRATION OR OTHERWISE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. IN NO EVENT SHALL hninutrition.com‘s TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, OR $100 (WHICHEVER IS LESS).
hninutrition.com DISCLAIMS, AND YOU WAIVE, ALL EXPRESS OR IMPLIED PRODUCT RELATED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THIS DISCLAIMER DOES NOT APPLY TO MANUFACTURER PRODUCT WARRANTIES (IF ANY).
RETURNS: Please review our return policy.
CLEARANCE ITEMS: All clearance items are final sale and may not be returned. No price adjustments will be given on prior sales.
PRODUCT INFORMATION: hninutrition.com is a retailer. Actual product packaging may contain different information than is displayed on our site. All product information is provided by the Product manufacturer and is for information purposes only. DO NOT RELY SOLELY ON THIS INFORMATION. ALWAYS READ LABELS, WARNINGS AND FOLLOW DIRECTIONS ON THE PRODUCT LABEL BEFORE USE. YOU HEREBY WAIVE ANY LIABILITY AGAINST hninutrition.com FOR INACCURACIES OR MISSTATEMENTS RELATED TO PRODUCTS MANUFACTURED BY THIRD PARTIES.
SUGGESTED RETAIL PRICE: Suggested Retail Price (“SRP”) is provided by the manufacturer and is the manufacturer’s representation of value. Sales may or may not be made at this price. This price does not necessarily represent the prevailing retail price in every community, and may not represent the price at which hninutrition.com sells the product.
MISCELLANEOUS: We reserve the right to make changes to these Conditions of Sale at any time. You will be subject to the Conditions of Sale in effect at the time of your purchase. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE CONDITIONS OF SALE ARE CUMULATIVE AND APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. If any Condition of Sale is found to be unlawful, void, or unenforceable for any reason, then the remaining conditions will be valid and enforceable. These Conditions of Sale constitute the entire agreement between the parties governing purchases from hninutrition.com.