Terms of Service
These Terms of Service apply to the nutriair website located at www.nutriair.com, nutriair’s mobile applications, nutriair’s social media and all associated sites linked to the nutriair website, including nutriair websites outside the United States (collectively the “Site”). As used in these Terms of Service, “we”, “us”, or “our” refers to NV Nutrition, LLC and its affiliates and subsidiaries. Terms “you”, “your”, or “yours” refer to any person or entity accessing, interacting, visiting or using any nutriair website, mobile application or any social media application.
Use of the Site is Governed by these Terms of Service:
BY ACCESSING OR OTHERWISE USING OUR SITE OR ANY nutriair APPLICATION SUCH AS MOBILE OR ANY SOCIAL MEDIA, YOU AGREE TO THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE, PLEASE DO NOT ENTER THE SITE.
NV Nutrition, LLC reserves the right, at its sole discretion, to terminate, change, modify, add or remove any part of these Terms of Service without notice at any time, for any reason, and such changes will be effective immediately upon being posted on the Site. It is your responsibility to check these Terms of Service regularly. If these Terms of Service change and you continue to use the Site following the changes will constitute that you agree and accept such changes.
All content included on the Site, such as images, logos, text, graphics, button icons, code, user and visual interfaces and other materials (collectively “Content”) is owned or licensed by NV Nutrition, LLC and is protected by trademark, copyright, patent and other proprietary rights. All Content is copyrighted as a collective work under the United States and other copyright laws and these rights are protected under the United States (17 U.S.C. Section 101, et.seq.) and other copyright laws, and NV Nutrition, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
NV Nutrition, LLC and other related service marks and trade names, logos and related logos used in the Site are registered, pending or unregistered trademarks of NV Nutrition, LLC and may not be used, imitated or copy in whole or in part, without prior written permission from us. Our trademarks and trade dresses may not be used in connection with any product or service in any way that is likely to cause misperception among customers, or in any other way that disparages and discredits us, or that may somehow imply affiliation or endorsement by us.
Use and Access of the Site:
NV Nutrition, LLC grants you limited access for the sole purpose of personal use of the Site and the Content for non-commercial reasons and only to the extent such use does not breach these Terms of Service. You may electronically copy and print portions of the Content for your own personal use, with the sole purpose of placing an order or purchasing products from our Site, provided you do not alter in any way such Content. Furthermore, you agree that no Content of the Site will be altered or deleted in any way by you or any other persons representing you.
You may be required to register with NV Nutrition, LLC in order to gain access to certain services. If you are required to register, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Furthermore, you agree that your username, password and other information submitted for your account is for your personal use only and that you accept full responsibility for all activities that occur under your account and password. Additionally, we reserve the right, in our sole discretion, to refuse services to you, terminate all of your accounts, or cancel orders.
Links to Third Party Websites:
Our Site may contain links to other independent third party websites (“Linked Sites”). We have no control over Linked Sites and NV Nutrition, LLC is not responsible for and does not in any way endorse such Linked Sites. We provide these Linked Sites solely for your convenience and such it is your responsibility to access these Linked Sites at your own risk. For that reason we strongly recommend that you review and fully understand the terms of service and the policies of such Linked Sites.
We do not promise that the Site or its server will be error-free or uninterrupted, or that any defects will be corrected. The Site and all the Contents, including but not limited to, all information, materials, products and services are made available to you on an “As Is” and “As Available” basis and without warranties of any kind. ALL THE INFORMATION PROVIDED BY US ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Additionally, we cannot ensure that any files or data downloaded from the Site will be free of malware, viruses or any other harmful contamination or destructive features. NV Nutrition, LLC disclaims any and all warranties, expressed or implied, including but not limited to warranties of title, accuracy, merchantability, non-infringement and fitness for a particular purpose. Additionally, we disclaim any and all liability for the acts, omissions and conduct of any third party in connection with or related to your use of the site.
The above disclaimer applies to any damage, liability or injuries that may arise form usage of this Site and is caused by any failure of performance, interruption, deletion, omission, error, defect, computer virus, delay in operation or transmission, communication line failure, negligence, destruction or theft of or unauthorized access to, changes of, or use, whether for breach of contract or other tortuous actions or any other cause of action.
Furthermore, we reserve the right, at any time, for any reason and without notice to do any of the following: (1) to change or modify the Site or any portions of the Site, and any applicable terms or policies; (2) change or modify, suspend or terminate access of or operation to the Site or any portion of the Site for any reason, including but not limited to routine or non-routine maintenance or other changes.
By your use of the Site, you acknowledge that your use of the Site is at your sole risk.
Notices and Communications:
By providing your e-mail address or login into our Site, you consent to give us the express permission to communicate with you either by e-mail or through the Contents of the Site. Furthermore, you agree to receive notices and other communications by NV Nutrition, LLC posting notices on the Site, sending you e-mails at the e-mail address provided in your account or newsletter subscription. You agree that all notices, disclosures, agreements, contracts and any other communications that we provide to you satisfy any and all legal notification requirements.
Modification and Termination:
NV Nutrition, LLC may at any time, at its sole discretion and without prior notice change or discontinue any part of the Site, including, but not limited to modifications to these Terms of Service, or block or prevent future access to or the use of the Site for any reason, including but not limited to violation of these Terms of Service. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all other provisions of these Terms of Service, which are by their nature intended to survive termination, all limitations of liability, indemnities, disclaimers, applicable laws and disputes and jurisdiction shall survive such termination.
NV Nutrition, LLC encourages all customers to submit any questions and concerns or any other content (“User Content”), however, we cannot promise that all such communication and materials posted will be reviewed, and in no event shall NV Nutrition, LLC be responsible for the content of these communications and materials. We welcome such User Content as long as the User Content submitted by you complies with these Terms of Service.
You acknowledge and agree that any User Content you submit; (1) will be accurate; (2) will not contain, or provide links to, profane, abusive, obscene, threatening language, commercial solicitation, political campaigning, chain letters, mass mailings, harmful features such as viruses and malwares; (2) will not contain any material that could be considered abusive, indecent, harmful, sexually explicit, lewd, violent or degrading; (3) is not fraudulent, misleading or deceptive; (4) is not in violation of a copyright, trademark or any other intellectual property. Furthermore, you acknowledge and agree that we reserve the right, but have no obligation, in our sole discretion, to block, alter, remove or refuse to post or allow to be posted any User Content.
Unsolicited Idea Submission:
NV Nutrition, LLC or any of its officers, employees and agents do not consider or accept unsolicited ideas, including but not limited to, ideas regarding promotions, advertisement, marketing, new products, product and process enhancement or any new product names or ingredients. The purpose of this term is to avoid any disputes or misunderstandings that may arise as a result of similarities between our products or business strategies and your ideas submitted by you to the Site. Furthermore, you agree that: (1) all your submissions will automatically become the property of NV Nutrition, LLC, without any compensation to you; (2) we have no obligation to review your submissions; (3) we have no obligation to keep your submissions confidential; and (4) we may use your submission ideas for any purpose and in any way. However, we welcome your feedback and questions regarding many areas of the Site. If you would like to send us your feedback, simply visit http://www.nutriair.com/help and select the best option for you.
NV Nutrition, LLC respects the intellectual property of others and will promptly respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please contact our office immediately by sending a notice to the address provided below. Please make sure that we will not make any legal decisions about the validity of your claim of infringement or the possible defenses to claim. Once our office receives your valid notice we may, but are not obligated to, respond in a way such as blocking access to the allegedly infringing material or taking it down.
Limitation of Liability:
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL NV Nutrition, LLC OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DIRECT OF INDIRECT OF LOSSES OR DAMAGE WHETHER SPECIAL, GENERAL, CONSENQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR OTHERWISE THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE MATERIALS OF THE SITE, OR OUR PRODUCTS AND THEIR PERFORMANCE, EVEN IF NV Nutrition, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS OF LIABILITY APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless NV Nutrition, LLC, its employees, directors, officers, agents, successors in interest, subsidiaries and affiliates from any demands, liabilities of losses, investigations, inquiries, suits, claims and expenses (including, without limitation, attorney’s fees and expenses), made against NV Nutrition, LLC by any third party due to or arising out of or in connection with your use of the Site.
Applicable Law and Dispute Resolution:
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Illinois, United States of America without regard to its conflicts of laws provisions. You furthermore agree to the personal jurisdiction by and venue in the state and federal courts of Carson City, Nevada, and you submit to the personal jurisdiction of that court. Any claims under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause is barred. You acknowledge and agree to the extent permitted by applicable law that any and all disputes and claims or causes arising out of or related with the Site or these Terms of Service will be resolved individually in the venue designated in this section, without resort to any form of class action and that no recovery may be sought or received for damages other than out-of-pocket expenses (if any) and actual third party, but in in no event will attorneys’ fees be awarded or recoverable.
The Site (www.nutriair.com) is controlled and operated by NV Nutrition, LLC located in Tampa, Fl, United States. Although the Site is accessible worldwide, not all Contents of the Site, features, products or services, offered or provided through or on the Site are available to all persons or all geographic locations including locations outside the United States. Furthermore, we reserve the right to limit the Site’s availability, in whole or in part, and any features, products or services to any person, any geographic area or jurisdiction we choose, at any time and in our sole discretion. Any feature, product or service made available on the Site is void where prohibited. NV Nutrition, LLC does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than that of the United States You acknowledge and agree that by choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
Purchases; Product Pricing and Descriptions:
Additional terms may apply to purchases of products or services and specific features of the Site, including promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such Terms of Service, including that you are of legal smoking age as well as of sufficient legal age to use such products or services. If a conflict arises between the Terms of Service and terms posted to the appropriate product or service, the Terms of Service shall rule over the other terms with respect to your use of that specific product or service, or any portion of the Site.
With respect to product description, NV Nutrition, LLC makes every effort to be as accurate as possible, but we cannot be held liable for errors and omissions. All Content offered on the Site is offered on an “As Is” and “Available” bases and in no event is NV Nutrition, LLC responsible for a product or service that does not meet personal expectations. For more information please visit our Return Policy.
Because NV Nutrition, LLC works with affiliates, agents, vendors and other licensed individuals or entities (collectively “Associates”), product prices from such Associates may vary compare to those on the Site. However, all prices displayed on the Site, for all products and services, represent full retail price. We shall not be liable for any price differences between the Site and any Associate. NV Nutrition, LLC is not responsible in the event when a third party website quotes prices different from the Site.
Risk of Loss:
All items purchased from our Site or from an authorized retailer are made pursuant to a shipment contract. This means that the risk of loss and tittle for such items pass to you only upon delivery of the item to the carrier.
Feedback and Information:
If you have any questions or concerns about NV Nutrition, LLC or the Site, please contact us at www.nutriair.com with a detailed description and we will try to resolve it on a timely manner.
Subscription Service Agreement
nutriair offers various subscription types: including rebillable subscriptions of 15, 30, 60, 90 day renewable services, with the billing cycle starting at the beginning of the purchase date.
Automatic Renewal Terms:
With respect to nutriair subscriptions subject to automatic renewal, you agree that nutriair may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before nutriair could act reasonable time frame.
Monthly Subscription Terms:
By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancelation, including where applicable any charges processed by nutriair after the expiration date of your payment method.
Automatic Monthly Renewal Terms:
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.
Cancellation Policy for Subscription Renewals:
To cancel your Subscription at anytime prior to your next renewable billing cycle, you may (1) send us a message at email@example.com and we will do it for you, or (2) go to www.nutriair.com/pages/contact where you can leave us a message through the website or by calling us here at nutriair, or (3) call us at 800 - 310 - 9058.
International Shipping Terms and Conditions:
Standard Delivery (10 - 28 Business Days*): This service is very popular for smaller, lighter packages with orders delivered by the local mail service. Unfortunately, tracking numbers may not be available to customers on packages sent using this shipping method.
Note: International customers are responsible for ensuring that the products ordered can be lawfully imported to your country. When ordering from nutriair.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped to countries outside of the United States may be subject to import taxes and customs duties levied by the destination country once a shipment enters the country. From our experience, most foreign customers are not charged when they receive the shipment, however, any additional charges for customs clearance must be paid by the recipient. Customs policies vary widely from country to country and we recommend contacting your local customs office for further information. If you do get charged an additional fee, the carrier will expect payment at the time of delivery. If you refuse the shipment because of these charges, or if an order is rejected by customs due to item restrictions, or if the order is returned because the local post is unable to locate your address, we can refund you for the cost of the products (which does not include any shipping or return shipping fees) once the package is returned and processed by our warehouse. Please note that packages returned by customs can sometimes take a very long time to return, and in extreme circumstances can take as long as one year.
No matter which shipping option you choose, our customer service team is here to help you with your shipment and make sure it arrives to you quickly and safely.
For further assistance, please contact our Customer Service department at firstname.lastname@example.org. We'd love to help you anytime; we will get back to you in 24-48 hours..