This website, northamericannutra.com, as well as all associated mobile sites and mobile applications (collectively referred to as the “Site”) is operated by North American Nutra, ("us/we/our"). "You/your" means you as a user of the Site. We offer this Site, including all information, products and services available from this Site, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein.
Notice Regarding Dispute Resolution:
These Terms contain provisions that govern how any legal claims that might arise will be handled. See Mandatory Arbitration Provision For Resolution Of Claims or Disputes (Section 12 below), which includes a binding obligation to resolve disputes on an individual (i.e. non-class action basis), which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration or small claims court.
YOU MAY NOT USE THE SITE FOR ANY ILLEGAL PURPOSE. YOU MUST USE THE SITE IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE SITE IN A WAY THAT MAY CAUSE THE SITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT, OR IN SUCH A WAY THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE SITE IS IN ANY WAY IMPAIRED OR COMPROMISED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE SITE.
This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Website.
Intellectual Property Ownership and Use
You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Site shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.
You may not shall not use, copy, distribute, or exploit any of the Site Content in any manner without our prior written permission.
All Site Content and all materials and content contained within the Site, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Site, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.
We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, trademark infringement or your intellectual property rights or any other rights have otherwise been infringed or violated by anything on the Site, please notify us by sending an e-mail to us at: firstname.lastname@example.org.
In order for us to more effectively assist you, the notification must include all of the following:
A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
A description of the material, intellectual property or other right that you claim has been infringed or violated;
Information reasonably sufficient to locate the problem or material in question on the Site;
Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
A statement by you that you have a good faith belief that the material in question has not been authorized by the rightful owner, its agent or is legally permissible; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
Errors and Inaccuracies
We strive to provide complete, accurate, up-to-date information on the Site. Unfortunately, despite those efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or the events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Site.
IF YOU BELIEVE THAT A PRODUCT OFFERED BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO US FOR A REFUND.
Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Site (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Site or any portion of it.
The Site is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site.
External Sites and Resources
We are not responsible for links to of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.
IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
Orders, Price and Resale
Nothing on the Site constitutes a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Site are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
You may purchase products only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. We reserve the right to refuse orders for any reason without explanation and in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged.
WE ARE NOT RESPONSIBLE FOR ANY CUSTOMS AND/OR DUTIES & TAXES APPLIED TO YOUR ORDER. You are personally responsible for paying these fees upon receipt or delivery of the order. A general guideline to follow when estimating these fees should be to calculate 20% of the total dollar amount of the items ordered. However, this is just a guideline as the actual fees will vary based on the country you are in. You should check with your local Customs Department for more detailed information on how to estimate these
The Site contains or may in the future contain various interactive portions, including allowing users to post product reviews or other content to the Site. We are not responsible for, nor do we vouch for the accuracy of, the content of any user reviews, comments or other content that may be posted or uploaded by a user (“User Content”). User Content expresses the views and opinions of the User and does not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.
If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to email@example.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same. Please be aware, however, that we have no obligation to investigate all claims regarding User Content, but will strive to assure that all User Content complies with the following guidelines:
By posting User Content to the Site, you agree that:
Any product review that you post must be your honest review of such product;
If you are paid or receive a free product or anything else of value for your review, you will so state within your review;
You will not post any content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right);
You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.
You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services.
You alone are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
By submitting or posting User Content, you agree it becomes public information and in the public domain. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other Users in return.
If you submit any User Content to this Site, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.
If you choose to communicate or meet with other users of the Site, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Site.
Sales, Shipping, and Returns
We accept credit cards for our products through our third-party payment processors. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
For a multiple product orders, our order processing company will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise or as we may notify you. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
Your order will ship as it becomes available, and our order processing company will make every effort to ship your order as quickly as possible. There may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. You will be informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability
We will accept the return of products that are defective due to defects in manufacturing and/or workmanship within seven (7) days from the date you receive your purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return within seven (7) days from the date you receive your purchase.
Your credit card will be automatically charged for all applicable sales taxes; however, it is your responsibility as the customer to report any purchases of tangible personal property that have not been taxed by us and pay the sales or use tax on those purchases unless exempt under local state law.
If you are ordering products to be delivered to a location outside of the United States, once your order arrives at its destination, you will be required to pay all import duties, customs and local sales taxes levied by the country to which you are shipping in order to release your order from customs. International duties and taxes will be marked “Bill to Recipient.” We are not responsible for orders not accepted due to failure to pay duties and taxes. International shipping, duty, and taxes are non-refundable in the event of a return/exchange.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
LIMITATIONS OF LIABILITY
NEITHER WE NOR OUR PROVIDERS, VENDORS, DISTRIBUORS OR CONTRACTORS SHALL BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION, THE LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Under no circumstances, including circumstances involving negligence, shall we or our providers, vendors, distributors or contractors be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any email or links sent to you by us. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits , lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site, even if advised of the possibility of such damages.
MANDATORY ARBITRATION PROVISION AND CLASS_ACTION WAIVER FOR RESOLUTION OF DISPUTES
All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:
Unless you elect to conduct the arbitration by telephone or written submission, unless prohibited by the applicable JAMS Rules, an arbitration hearing will conducted either remotely on a video-conference basis or on an in-person basis a JAMS facility.
Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures. Claims for $5,000.00 or less shall be conducted under JAMS’ Streamlined Arbitration Rules & Procedures. Subject to the applicable JAMS procedure, the arbitrator in his or her discretion shall allow reasonable and proportional discovery, to the extent consistent with the claims at issue and the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
You will be subject to a filing fee to initiate an arbitration as determined by JAMS in the applicable rules. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with us remaining responsible for our share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
Class-Action Waiver: all claims to be heard on an individual basis only
You further expressly waive any ability to maintain any class action in any forum, including in arbitration. Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Investigations of Violations of These Terms
Notice for California Users
Under California Civil Code Section 1789.3, residents of California who use this Site are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
In addition, we are located at 201 US Route 1 #118, ME 04074 and may be reached by email at email@example.com or telephone at 1-800-324-0724. Please contact us to resolve any issues with our Site that you may have.
You may send us notices or communicate with us by email at firstname.lastname@example.org. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email
If you do not agree to these Terms of Service, please do not use our SMS/MMS service. We reserve the right to modify these Terms of Service at any time and will post such changes here. By continuing to use the service after North American Nutra posts any such changes, you agree to be bound by the modified terms. If you do not agree to any change, you must immediately stop using the service following the instructions provided below. Please review the Terms of Service regularly for updates and changes.
Upon opting-in to our SMS/MMS subscription service, you will receive SMS/MMS messages on behalf of North American Nutra regarding our product updates and sale events, until you opt-out. The number of messages that you receive through the North American Nutra Alerts service will vary but you will not receive more than 8 messages per month.
You can always cancel this North American Nutra service at any time by texting the word "STOP" to +1 (855) 944-3070. You may also reply "STOP"; to any message you receive from us. Upon receipt of your "STOP" message, we will send you a SMS/MMS message to confirm that you have been unsubscribed. At that point, you will no longer receive any further SMS/MMS messages from North American Nutra. If in the future you decide to join the service again, please follow the opt-in process.
If you need any assistance with North American Nutra Alerts, you can always text the word "HELP" to +1 (855) 944-3070.
Message and data rates may apply to SMS/MMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier. Carriers are not liable for delayed or undelivered messages.
North American Nutra will not be liable for any delays in the receipt of any SMS/MMS message. Our SMS/MMS service is provided on an "as is"; basis, without warranties of any kind. You acknowledge and agree that SMS/MMS message content is transmitted unencrypted and that eavesdropping of wireless communications, including SMS/MMS messages, by third parties is possible.
Any question may be directed to: North American Nutra. 201 US Route 1, #118 Scarborough, ME 04074 email@example.com or by phone at 800-324-0724