Conditions
of Use
Welcome to NutritionDynamics.com.
NutritionDynamics.com and its affiliates
provide their services to you subject to the following conditions.
If you visit or shop at
NutritionDynamics.com, you accept these conditions.
Please read them carefully. Also,
when you use any current or future NutritionDynamics.com service (newsletters,
promotions, general health questions) or visit or purchase from any business
affiliated with NutritionDynamics.com, whether or not included in the
NutritionDynamics.com Web site, you also will be subject to the conditions and
guidelines applicable to such service or business.
PRIVACY
Please review our Privacy
Policy, which also governs your visit to NutritionDynamics.com, to
understand our practices.
COPYRIGHT
All content included on this site, such as
graphics, logos, buttons, images, text, audio clips, digital downloads, data
compilations, icons, and software, is the property of NutritionDynamics.com or
its content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is the exclusive
property of NutritionDynamics.com and protected by U.S. and international
copyright laws. All software used on this site is the property of
NutritionDynamics.com or its software suppliers and protected by United States
and international copyright laws.
TRADEMARKS
NUTRITIONDYNAMICS.COM; DRMORROW.COM; and
other marks indicated on our site are registered trademarks of Nutrition
Dynamics, Inc. or its subsidiaries, in the United States and other countries.
Other NutritionDynamics, Inc. graphics, logos, page headers, buttons, scripts,
icons, and service names are trademarks or trade dress of NutritionDynamics,
Inc. or its subsidiaries. NutritionDynamics.com's trademarks and trade dress
may not be used in connection with any product or service that is not
NutritionDynamics.com's, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits
NutritionDynamics.com. All other trademarks not owned by NutritionDynamics.com
or its subsidiaries that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected to, or
sponsored by NutritionDynamics.com or its subsidiaries.
LICENSE AND SITE ACCESS
NutritionDynamics.com hereby grants you a
limited license to access and make personal use of this site and not to
download (other than page caching or printing) or modify it, or any portion of
it, except with express written consent of NutritionDynamics.com. This license
does not include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This site or
any portion of this site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of NutritionDynamics.com. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of NutritionDynamics.com and our
affiliates without express written consent. You may not use any meta tags or
any other "hidden text" utilizing NutritionDynamics.com's name or
trademarks without the express written consent of NutritionDynamics.com. Any
unauthorized use terminates the permission or license granted by
NutritionDynamics.com. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of NutritionDynamics.com,
NutritionDynamics.net, NutritionDynamics.org, DrMorrow.com, DrMorrow.net,
DrMorrow.org, DoctorMorrow.com, DoctorMorrow.net, DoctorMorrow.org, so long as
the link does not portray NutritionDynamics.com, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
matter.
You may not use any NutritionDynamics.com logo or other proprietary graphic
or trademark as part of the link without express written permission.
YOUR INFORMATION
If you use this site, you are responsible
for maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. NutritionDynamics.com
does sell products for children, but it sells them to adults, who can purchase
with a credit card. If you are under 18, you may use NutritionDynamics.com only
with involvement of a parent or guardian. NutritionDynamics.com and its
affiliates reserve the right to refuse service, terminate accounts, remove or
edit content, or cancel orders in their sole discretion.
CONTENT, AND COMMENTS,
COMMUNICATIONS
Visitors may post comments, testimonials,
health questions and other content; and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or other
content. NutritionDynamics.com reserves the right (but not the obligation) to
remove or edit such content, but does not regularly review posted content.
If you do post content or submit material,
and unless we indicate otherwise, you grant NutritionDynamics.com and its
affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant NutritionDynamics.com and its affiliates and
sublicensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will indemnify
NutritionDynamics.com or its affiliates for all claims resulting from content
you supply. NutritionDynamics.com has the right but not the obligation to
monitor and edit or remove any activity or content. NutritionDynamics.com takes
no responsibility and assumes no liability for any content posted by you or any
third party.
COPYRIGHT COMPLAINTS
NutritionDynamics.com and its affiliates
recognizes the intellectual property of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact CopyrightInfringement@NutritionDynamics.com
RISK OF LOSS
All items purchased from
NutritionDynamics.com are made in accordance with a shipment contract. This
means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT DESCRIPTIONS
NutritionDynamics.com and its affiliates
attempt to be as accurate as possible. However, NutritionDynamics.com does not
warrant that product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered by
NutritionDynamics.com itself is not as described, your sole remedy is to return
it in unused condition.
OTHER BUSINESSES
Parties other than NutritionDynamics.com
and its subsidiaries may operate stores, provide services, or sell product
lines on this site. We may at times provide links to the sites of affiliated
companies and certain other businesses. We are not responsible for examining or
evaluating, and we do not warrant the offerings of, any of these businesses or
individuals or the content of their Web sites. NutritionDynamics.com does not
assume any responsibility or liability for the actions, product, and content of
all these and any other third parties.
You are advised to carefully review their privacy statements and other
conditions of use.
LIMITATION OF LIABILITY AND
WARRANTIES
THIS SITE IS PROVIDED BY
NUTRITIONDYNAMICS.COM ON AN "AS IS" AND "AS AVAILABLE"
BASIS. NUTRITIONDYNAMICS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, NUTRITIONDYNAMICS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. NUTRITIONDYNAMICS.COM DOES NOT WARRANT THAT
THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NUTRITIONDYNAMICS.COM ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. NUTRITIONDYNAMICS.COM WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
APPLICABLE LAWS
By visiting NutritionDynamics.com, you
agree that the laws of the state of Texas, without regard to principles of
conflict of laws, will govern these Conditions of Use and any dispute of any
sort that might arise between you and NutritionDynamics.com or its affiliates.
DISPUTES
Any dispute relating in any way to your
visit to NutritionDynamics.com or to products you purchase through
NutritionDynamics.com shall be submitted to confidential arbitration in Seguin,
Texas, except that, to the extent you have in any manner violated or threatened
to violate NutritionDynamics.com's intellectual property rights,
NutritionDynamics.com may seek injunctive or other appropriate relief in any
state or federal court in the state of Texas, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
POLICIES, MODIFICATIONS, AND
SEVERABILITY
Please review our other policies, such as
our Pricing and Availability Policy,
posted on this site. These policies also govern your visit to
NutritionDynamics.com. Nutrition Dynamics, Inc. reserves the right to make
changes to our site, policies, and these Conditions of Use at any time. If any
of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.
CONTACT US
VIA MAIL
Nutrition Dynamics, Inc.
510 West Court Street
Seguin, Texas 78155
VIA PHONE
Toll Free
800.926.2906
Seguin
830.303.7746
Katy
281.392.8171
Facsimile
281.392.8205
VIA E-MAIL
Customerservice@NutritionDynamics.com
Webmaster@NutritionDynamics.com
ExecutiveOffices@NutritionDynamics.com
PhysiciansOnly@NutritionDynamics.com
DrMorrow@NutritionDynamics.com