1. Introduction
Welcome to NutraSpace.com (the ‘Site’). The Site is provided as a service to our customers. Please review the following terms and conditions of service, which govern your use of the Site (the ‘Agreement’).
YOU UNDERSTAND THAT BY ACCESSING AND USING THIS SITE, CONTENT, FILES AND/OR SERVICES YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF SERVICE AND THAT YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, CONTENT, FILES OR SERVICES.
If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, ‘you’ and ‘your’ will refer and apply to that business.
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We (NutraSpace) reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Site. If you do not agree to these terms, please do not use the Site.
2. Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site (the ‘Services’), with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, or feature offered through the Site.
3. Site Contents
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the ‘Contents’), are owned, controlled or licensed by NutraSpace, LLC (‘NutraSpace’) and other trademarks appearing on the Site are the trademarks of NutraSpace, LLC and/or its subsidiaries.
The Site and the Contents are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
4. Proprietary Rights
NutraSpace owns all legal right, title and interest in the Site, including any intellectual property rights which subsist in the Site, and any comments or submissions you make to or through the Site. You may not use any of NutraSpace’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.
5. User Comments, Feedback, and Other Submissions
NutraSpace is pleased to hear from users and welcomes your comments regarding our services. 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 NutraSpace may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to NutraSpace. NutraSpace is 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. NutraSpace has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy 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 Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead NutraSpace or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. NutraSpace takes no responsibility and assumes no liability for any Comments posted by your or any third party.
6. Personal Information Submitted Through the Site
Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the ‘Policy’ link located in the footer section of the Site (the ‘Privacy Policy’). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
7. Account Security
You are responsible for safeguarding the password that you use to access the Site and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify NutraSpace of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of information to NutraSpace or on the NutraSpace Web site, it is your responsibility to use a secure encrypted connection.
8. Copyright Complaints
NutraSpace respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow contact us at:
NutraSpace.com
Attn: Copyright Infringement Department
2701 Osler Drive, Suite 6
Grand Prairie, Texas 75051
9. FDA/FTC Regulations
When applicable, it is our intention to comply with the regulations of the FDA and FTC. We are not, however, responsible for products, comments or information provided by anyone other than us. Therefore, we strongly encourage Users to read their home country’s regulations before writing or posting something on the site or making a formal representation. The following links provide the relevant laws of the United States (US), European Union (EU), and Japan. We urge that you read the regulations for your respective country.
a. FDA regulations (US)
b. EU regulations
c. Japanese regulations
10. No Medical Advice or Claims
The Site is for sharing and peer support purposes only. All information contained on The Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not presented as medical advice. Information included in a post should not replace necessary medical consultations with a qualified physician or other healthcare professional to meet your individual health or medical needs, or those of your loved ones. You should not use any information posted on The Site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or other supplement, or adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. Information provided in posts on The Site and the use of any products or services publicized on The Site DOES NOT create a doctor-patient relationship between you and the Site or its users. 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. No claim to treat, cure or mitigate a disease is permissible.
Material placed on The Site does not necessarily reflect the views of NutraSpace. Moreover, NutraSpace does not verify the veracity or validity of information placed on The Site and, therefore, cannot judge the merits or lack thereof, of any offering, information, suggestions, ideas, opinions or advice. NutraSpace will not knowingly allow material related to the sale or exchange of health or medical services or products to be communicated on The Site. This includes but is not limited to information, commentaries, materials, surveys, products and services that, in the sole judgment of NutraSpace appear to violate NutraSpace's Terms of Service.
11. Links to Other Web Site and Services
The Site may contain links to other Web sites that are not under the control of NutraSpace. NutraSpace has no responsibility for the linked Web sites nor does linking to other Websites constitute an endorsement by NutraSpace of any linked Web site. Links are provided solely for the convenience and information of the Site users.
12. Disclaimer, Limitation of Liability and Indemnity
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. NUTRASPACE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. NUTRASPACE DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH NUTRASPACE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER NUTRASPACE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. NUTRASPACE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF NUTRASPACE’S TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NUTRASPACE, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF SERVICE.
13. Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and NutraSpace agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (‘Dispute’), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to
a. NutraSpace at: NutraSpace Legal Department, 2701 Osler Drive Suite 6, Grand Prairie, TX 75051,
or
b. you at: your last-used billing address or the billing and/or shipping address in your online profile. If this Dispute Resolution process does not result in satisfaction of the Dispute, then you agree to submit the issue to non-binding mediation in Dallas County. Both you and NutraSpace agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
14. Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Texas, County of Dallas and/or the Northern District of Texas. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of NutraSpace's right to require strict observance of each of the terms herein.
15. Miscellaneous
If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
16. Termination
These terms are effective unless and until terminated by either you or NutraSpace. You may terminate this Agreement at any time. NutraSpace also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
17. Entire Agreement
These Terms of Service are the entire and exclusive agreement between NutraSpace and you regarding the Content and Services, and these Terms of Service supersede and replace any prior agreements between NutraSpace and you.