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. We reserve the right
to deny access to this website, or any service provided via this website, to
anyone who violates this agreement or who, in our judgment, mistreats or is abusive
to our members, employees, or affiliates. 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; NutritionDynamics.net;
NutritionDynamics.org; DoctorMorrow.com; DoctorMorrow.net,
DoctorMorrow.org, DrMorrow.net, DrMorrow.org 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 Nutrition
Dynamics, Inc. graphics, logos, page headers, buttons, scripts, icons, and
service names are trademarks or trade dress of Nutrition Dynamics, 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; DoctorMorrow.com; DoctorMorrow.net,
DoctorMorrow.org, DrMorrow.net, DrMorrow.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
Nutrition Dynamics, Inc.
510 West Court
Street
Seguin, Texas
78155
Toll Free
800.926.2906
Domestic
281.392.8171
Customerservice@NutritionDynamics.com
Webmaster@NutritionDynamics.com
ExecutiveOffices@NutritionDynamics.com
PhysiciansOnly@NutritionDynamics.com
DoctorMorrow@NutritionDynamics.com