Last updated: November 19, 2021
Effective date: November 19, 2021
1. Introduction
Welcome to SUPLEMENTSITY. These Terms of Use (“Terms”) set forth the agreement between AllGood Fit LLC (the “Company”, “we”, “us” or “SUPLEMENTSITY”) and each user (“you” or “user”) governing the use by you of our website www.suplementsity.com is comprised of various web pages (collectively the “Site”) operated by us. Please read these Terms carefully before accessing, visiting, and using the Site. We offer this Site, including all information, tools and services available from this Site to you conditioned upon your acceptance of all terms, conditions, policies and noticed stated here.
By accessing, visiting and using our Site or any part of the Site and/or purchasing products and/or services from us, you engage in our “Service” and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and or available on our Site. You understand and agree to be bound by these Terms and recognize that you may be waiving certain rights. These Terms apply to all users of the Site. If you do not agree to all the Terms, you may not access or otherwise use the Site. or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features, tools, products, or Services which are added to the current Site shall also be subject to the Terms. The terms and conditions of these Terms may change from time to time. We will notify you of any material changes by posting a notice on the Site for a reasonable period of time after such changes are made, and by changing the “Last updated” date at the top of these Terms. We encourage you to check this page periodically for any changes. Your continued access or use of any part of the Site following the posting of changes to these Terms constitutes your acceptance those changes and the revised Terms then in effect. You agree that you will review these Terms periodically and that you shall be bound by these Terms and any modifications to them.
In addition, when using particular services or features or making purchases on any part of the Site, you shall be subject to any posted guidelines or policies applicable to such Services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
We are committed to making the Site accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of the Site, please contact us by sending an email to info@suplementsity.com.
2. Electronic Communications
Visiting the Site or sending emails and/or messages to us constitutes electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and/or on the Site, satisfy any legal requirement that such communications be in writing.
3. Not Healthcare Advice
This Site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.
The products and the claims made about specific products on or through this Site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on this Site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this Site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
None part of the Site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through any part of the Site, including information that may be provided on any part of the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options. The information provided on any part of the Site and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
You should not use the information or services on any part of the Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. Our employees and Site users are encouraged to voluntarily participate in our forums including describing their experiences with specific products. Any comments made by employees or Site users in these forums or in reviewing products are strictly their own personal views made in their personally capacity. These comments are not claims made by the Company nor do they represent the view or position of the Company.
IN THE EVENT OF A MEDICAL EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOU CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOU CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT.
4. Products or Services
The pictures of products (including packaging) on the Website are for illustrative purposes only. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any colour 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.
5. Orders
General. We may make improvements and/or changes in products or services described on the Site, add new features, or terminate the Site at any time without notice. We also: (a) reserve the right to change the goods and services advertised or offered for sale through the Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on the Site (including without limitation product descriptions, colours or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on the Site is inaccurate, where we have insufficient quantities to fulfil an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Placing an order online. Online orders are placed only through our Site. Once you’ve added the product(s) you’ve chosen to your basket, you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information. Please carefully check your order (e.g. the product(s), size(s) and delivery address) before clicking the “order” button.
Placing an order by telephone. You can place an order over the phone from 9:00 am – 6:00 pm Delaware, USA Time (GMT -5) Monday through Friday, and from 9:00 am – 5:00 pm Saturdays and Sundays. A customer service representative will assist you in placing your order. To place an order by phone, dial: +1 XXXXXXXX. Please be prepared to order when you call; although our Customer Service representatives are happy to answer any question you have about our products, we are unable to advise you exactly which items you should order.
Restrictions in placing orders. To order our products, you must be at least 18 years of age and be authorized to use payment method which you use to pay for the products you order.
Order acceptance. Your order is an offer from you to us to buy the product(s) in your basket. After you place an order, you will receive an email from us confirming that we have received your order. Our official acceptance of your order takes place when we email you to confirm we’ve dispatched your product(s). It’s at this point that a contract will come into existence between you and us. When we acknowledge your order, we’ll also confirm your order number (“PO #”). If you need to contact us about your order, you should quote this number.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your credit card or other approved method of payment will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance team. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.
Order returns and refunds. You may return products purchased from any our channel to us within 45 days. If return satisfies criteria set by Shipping and Returns Policy and accompanied by a receipt the customer will receive the refund in the original form of payment. For more information, see our Shipping and Returns Policy available on our Site.
6. Payment methods and Billing
We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices. By submitting the aforementioned information, you grant us the right to provide the information to these third parties, subject to the terms of our Privacy Policy.
Payment may be made by credit card, debit card or any other such method as we may introduce on the Site in our exclusive discretion. We reserve the right to accept or refuse any payment made in any form.
We currently accept the following credit or debit cards: VISA and MASTERCARD, which is subject to change in our exclusive discretion. By submitting such credit or debit card information, you give us permission to charge your purchases to the card that you designate on the order form. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) submitted on the Site in connection with any purchase of products, that the charges incurred by you on the Site will be honoured by your credit card company, you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order, and that the information you supply to us is true, correct and complete. We reserve the right to cancel any order, any time and for any reason. If your credit or debit card has already been charged and your order is cancelled, you shall receive a credit to your card account in the amount of the charge. We will not be responsible (i) for any charges that your card issuer may apply to you as a result of our processing your order, (ii) if your card issuer refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of products that may arise due to any validation checks that may be carried out regarding your payment or identification. We reserve the right to refuse or cancel your order of products if fraud or an unauthorized or illegal transaction is suspected.
Your credit card information is secure. All information included with your order is encrypted for privacy while in transit. Credit card charges for orders with SUPLEMENTSITY will be processed by AllGood Fit LLC and will show on your credit card statement as “SUPPLEMENTSITY” or “AllGood Fit”.
You agree to provide current, complete and accurate purchase and account information for all purchases made with us. 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.
7. Shipping and Handling
We process orders daily Monday through Friday from our fulfilment centres. Orders will be processed in 1 to 2 business days (excluding weekends and holidays). Orders placed on holidays or weekends will begin processing the next business day. Credit card authorization and verification must be received prior to processing.
Delivery times are not guaranteed and vary. Some areas may take longer due to the frequency of deliveries to the delivery zip code. Our system calculates this estimated date considering the total amount of time to process your order including packaging, transit time to the delivery provider, and transit time to the delivery address.
We are not responsible for delays outside our control. If delivery of the products to you is delayed by the event outside our control (e.g., because of postal or courier delays, logistics or bad weather), we’ll let you know as soon as possible. If there is a risk of substantial delay, you can contact our Customer Service and we’ll refund you for any products you’ve paid for but not received.
Shipping fees will be based upon delivery on the weight of the product and delivery destination. Shipping fees can be found as calculated during the order completion process before checking out. Pricing on the Site does not include duties, insurance costs, tariffs, or value-added taxes (VAT), sales taxes or similar taxes.
If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar taxes, duties or fees attributable to such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the package recipient, who will be billed for them by the local Customs office. We suggest you check with your local Customs office for any documents you may need before placing your order.
With respect to shipments of products to consumers, wherever they may reside, title to products will be shipped “free on board” (“FOB”) our plant and all risk of loss shall pass to you immediately upon our delivery of the products to the common carrier. You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. In the event that any product is returned to us as a result of your failure to provide us with accurate shipping information, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the product to you.
Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can’t be delivered due to an address error, or orders seized by Customs.
We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packaging, shipping and delivery of your products.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
8. Pricing
We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability 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.
9. Promo Codes and Discounts, Gift Cards and Loyalty Points
Gift cards. You can purchase a gift card from us in the same way as any of our other products, however:
Gift cards are delivered via e-mail. Your recipient will receive an email that contains Gift card information. You will also receive an order confirmation email.
Once Gift card has been emailed, it is non-refundable.
If the intended recipient does not receive their Gift Card or accidentally deletes it, please contact Customer Support and we will re-send it. If the email for the recipient was incorrect and the Gift Card has been claimed, there is nothing we can do. Make sure your recipient email address is correct.
If you suspect that someone has copied or stolen your Gift Card, contact Customer Support immediately. Gift Cards will not be replaced if lost or stolen without the purchaser’s confirmation email as proof of purchase. Gift Cards have cash value and should be safeguarded accordingly. Once a Gift Card is claimed it cannot be returned.
Loyalty points. Loyalty points have no monetary value and cannot be used for any purpose other than redeeming designated products on our Website. At no time will rewards be available to be refunded for their cash value.
We may from time to time adjust the points in your account upwards or downwards in respect to accounting errors, multiple accounts, refunds issued, products returned or suspected fraud, for which we have full authority.
Discount offers and voucher codes. We have the right to end offers at any time. In the instance that a customer has two or more discount codes they should use the code for the greater amount as discount offers and voucher codes cannot be added together.
Promo codes, discounts, coupon codes, and offers that provide a benefit to you cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Only consumers can use promo codes, they cannot be used be resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.
10. Privacy
Use of any part of the Site is subject to the terms of our Privacy Policy (available on the Site), which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using any part of the Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of any part of the Site, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
11. Our Intellectual Property Rights
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Site (the “Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each part of the Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Site, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using any part of the Site. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Site is strictly prohibited.
Subject to your compliance with these Terms, we grant you a limited license to access and use the Site and its Content for personal, informational, and shopping purposes. No Content from the Site may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Site. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.
12. Links and Third-Party Websites
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.
13. Site Usage and Termination of Usage
Our Site is designated and intended for those who have reached the age of majority (18 years of age). By using our site, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age.
No one under age 13 is authorized to submit or post any information, including personally identifying information, on our Site. Under no circumstances may anyone under age 13 use our Site. Parents or legal guardians of children under 13 cannot agree to these Terms on their behalf.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such Sites.
While using the Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Site or any other party’s use of the Site.
You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site.
You further agree that you will not access the Site by any means except through the interface provided by us for access to the Site. Creating or maintaining any link from another website to any page of the Site without the prior written authorization of the Company is prohibited. Running or displaying any part of the Site or any information or material displayed on any part of the Site in frames or through similar means on another website without the prior written authorization of the Company is prohibited. Any permitted links to any part of the Site must comply with all applicable laws, rule and regulations.
We make no representation that Content contained on any part of the Site or products described or offered on any part of the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access any part of the Site from any territory where its contents are illegal, and that you, and not the Company, are responsible for compliance with applicable local laws.
While every effort is made for the timeliness and accuracy of the Site Content and Services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.
We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time, provided that you discontinue any further use of the Site. We also may terminate or suspend these Terms, at any time, without notice, and accordingly deny you access to any part of the Site, if in our sole discretion you fail to comply with any term or provision of these Terms or your use is harmful to the interests of another user or the Company. Upon any termination of the Terms by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from any part of the Site, as well as all copies of such materials, whether made under the Terms or otherwise. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all parts of the Site with or without notice.
While every effort is made so that all content provided on the Site does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made for smooth and continuous operation, we do not warrant the Site will operate error free.
You agree that we may terminate or suspend your access to all or any part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or any applicable law or is harmful to the interests of another user or the Company.
Sections 3, 10 through 15 and 23 shall survive any termination of these Terms.
14. Prohibited Uses
In addition to other prohibitions as set forth in these Terms, 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.
We will terminate the account and/or block users who repeatedly violate the intellectual property rights of any other person on any part of the Site.
15. User Content and Conduct
You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post on the Site, upload to us, or transmit through our Site (“User Content”). You agree, represent and warrant that any User Content you post on the Site or transmit through our Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through a Site any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
User Content License: By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, fully paid up, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through a Site, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of a Site and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.
You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of any part of the Site, including your User Content, may involve: transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that by using any part of the Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. The Company does not endorse or have control over the User Content. User Content is not reviewed by the Company prior to posting and does not reflect the opinions or policies of the Company. The Company makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through any part of the Site. The Company assumes no responsibility for monitoring any part of the Site for inappropriate submissions or conduct. If at any time the Company chooses, in its sole discretion, to monitor any part of the Site, the Company nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Sites’ users submitting any such User Content. Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable, in the Company’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
You are solely responsible for your interactions with other users of the Site. The Company reserves the right, but has no obligation, to monitor disputes between you and other users and to terminate your access to the Site, in its sole discretion.
16. Accounts
As applicable, if you use this Site, you are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer and/or device, and you agree to accept responsibility for all activities and/or accesses that occur using your username and/or password. You may not assign or otherwise transfer your account to any other person or entity. We expect you to accurately maintain and update any information about yourself that you have provided to us. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.
You agree to notify us of any unauthorized use of your Account username, log-in ID, password or any other breach of security that you become aware of involving or relating to the Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Site and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account username and/or password. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
17. Descriptions, Testimonials, Opinions
Our Site may contain expert opinions. Information on the Site identified as expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Company. Certain pages of the Site may also make statements related to supplements or similar products. Those statements should not be taken as medical advice or statements about a supplement’s effectiveness or suitability for treatment of a medical condition. You should always consult a qualified physician for matters related to your health.
Site may contain blogs with information about how to use a product or statements about a product’s effectiveness. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us but are not a representation or warranty about a product and should not be relied upon as such.
Similarly, Site may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of same.
Descriptions and graphic representations of products on the Site are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on the Site.
WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON ANY SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY OR BY THE FOOD AND DRUG ADMINISTRATION. YOU UNDERSTAND THAT NONE OF OUR SITES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS.
18. 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 part of the Site 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 part of the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related part of the Site, should be taken to indicate that all information in the Service or on any related part of the Site has been modified or updated.
19. Disclaimer of Warranties and Limitation of Liability
We do not warrant or make any representations regarding the use, validity, accuracy or reliability of the content available on the Site or any other sites linked to or from the Site. downloading or otherwise obtaining any content through the Site is done at your own risk. The content of the Site is provided “as is” and on an “as available” basis, without warranties of any kind either express or implied. to the fullest extent possible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
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 Company, 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.
WE ARE NOT RESPONSIBLE FOR TRACE CONTAMINATION IN OUR PRODUCTS. Contaminants are unintended substances that can originate from sources outside the chemical pathway, chemical processes, unexpected situations such as bad storage of primary substances or instability of the primary packaging. Impurities and/or contaminants can be present at trace levels in a finished product. Traces refer to very low amounts of impurities and/or contaminants in a finished product. Trace levels of certain contaminants may be acceptable by law if they do not pose a hazard to human health and are technically unavoidable. AS APPLICABLE, IF A PRODUCT EXCEEDS THE LEGAL CONTAMINATION STANDARD, OUR TOTAL LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT IN WHICH THE CONTAMINANT IS FOUND.
Regardless of the previous sentences, if we are found to be liable, our liability to you or to any third party is limited to the greater of the actual total amount received by us from you or the lowest liability limitation allowed by applicable law.
20. Indemnification
You agree to indemnify, defend and hold us and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with the Site; or (iii) the Content or other information you provide to us through the Site. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. This provision survives termination of the Terms between the parties.
21. Entire Agreement, Severability and Interpretation
These Terms constitute the entire and only agreement between the Company and each user of any part of the Site with respect to the subject matter of these Terms and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms.
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
When used in these Terms, the term “including” shall be deemed to be followed by the words “without limitation.”
22. Disputes, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Any dispute or claim relating in any way to your use of any of the Sites, your receipt of any communications from us (including, but not limited to, any emails), or to any products or services sold or distributed by us or through the Site shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. 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.
You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.
The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. We each agree that any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration. WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
23. Governing Law
These Terms and the legal relations among the parties shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, without regard to its conflict of laws rules.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. We make no representations that the content or the Site is appropriate or may be used outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.
24. Changes to Terms of Use
You can review the most current version of the Terms at any time available on our Site. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
25. Miscellaneous
The failure of the Company to exercise or enforce any right or provision of these Terms or to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Site. Our performance of these agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
26. Contact Information
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us using contact details below. We will address any issue to the best of our abilities as soon as possible.
Contact details:
AllGood Fit LLC
16192 Coastal Highway
Lewes Delaware 19958
+1 484 445 82 13
info@suplementsity.com
© All rights reserved by AllGood Fit LTD 2024
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