TERMS & CONDITIONS
OVERVIEW:
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE PLACING AN ORDER, WHETHER BY PHONE, ONLINE OR VIA ANOTHER ACCEPTED METHOD FOR PLACING ORDERS, OR OTHERWISE USING OR RELYING ON THIS WEBSITE.
This Website is operated by K&P Growth Alley LLC, hereinafter referred as NUTRAMISSION. NUTRAMISSION is a registered trademark of K&P Growth Alley LLC. Throughout the site the terms” we”, “us’’ and ‘’ our’’ refer to NUTRAMISSION. The term “The Website” referes to www.nutramission.com. The Terms and Conditions mentioned below apply to The website including any applications, platforms, services, or other resources related to, distributed on or available through the website. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content and respectively to any order, purchase, receipt, delivery, or use of any products (goods) sold by NUTRAMISSION to the Buyer.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
I. ONLINE STORE TERMS
Our online store is designed on Woo Commerce and hosted in The USA. The design of the Website and all text, graphics, information, content, and other material displayed on or available through the Website is protected by copyright, trademark and other laws and may not be used except as permitted in this Agreement. Nothing contained on the Website grants or should be construed as granting, by implication, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Website without the written permission of Nutramission.
Nutramission reserves the right to update, change or replace any part of this Agreement by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Continued use of or access to the Website following the posting of any changes indicates acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
II. PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website www.nutramission.com. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color 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
The acceptance of all orders and all sales by is made subject to and expressly conditioned upon the terms and conditions contained herein. We may not be held responsible for any typographical, clerical, or other errors or omissions in any sales literature.
III. INFORMATION IS NOT INTENDED TO PROVIDE MEDICAL DIAGNOSIS, ADVICE OR TREATMENT
The information (including, without limitation, advice and recommendations) provided in the website, via telephone or included in marketing materials is not intended to be provided as medical or healthcare advice, or to be used for medical diagnosis or treatment and the statements made on our websites, via telephone or in marketing materials have not been evaluated by the fda (united states food & drug administration). The products available through this website, via telephone or through any other method of purchase are not intended to diagnose, treat, cure or prevent any disease. This website and the information provided through the website or through any other communications by us or through us are not intended as a substitute for professional advice or services from a qualified healthcare provider familiar with your health and unique facts. Always seek the advice of your physician or other qualified healthcare provider before starting any new program or taking any supplement. NutraMission, its agents and representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material available on the website or through your interaction with us. While we seek to keep the information on these materials accurate and up-to-date, we cannot guarantee, and shall not be responsible for, any damage or loss related to the accuracy or timeliness of any information that we provide to you or make available on the website.
IV. ORDER ACCEPTANCE & PAYMENT TERMS:
We reserve the right at any time after receipt of the order to accept or decline the order for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to pay the total purchase price for the Goods, plus applicable tax and shipping charges & service fees. If an order consists of multiple items, they may be shipped separately depending on availability. Our standard shipping time is 1 to 2 days, once your order has been made. Normally transit time is between 2 to 5 days across USA.
Prices for our products are subject to change without notice. Nutramission reserves the right to increase the price of the Goods to reflect any increase in the cost which is due to any factor beyond our control (such as increase in manufacturing cost, currency regulation, alteration of duties, significant increase in the costs of labor, etc), any change in the delivery dates, quantities or specifications for the Goods requested by you, or any delay caused by your instructions or failure to provide us adequate information or feedback.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
When ordering products or services through the Website, you agree to provide only truthful, accurate, current and complete payment information. By placing an order, you represent and warrant that (a) the credit card information you supply to us is true, correct and complete; (b) you are duly authorized to use such credit card for the purchase; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. NutraMission reserves the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, outdated, fraudulent or incomplete payment information to us or for any other reason that we, in our sole discretion, believe appropriate.
Unless Nutramission has extended a credit to you, you shall pay by Credit/Debit card /Pay Pal upon ordering. If we elect to extend credit/coupon to you, upon approval of your credit, you agree to make all payments in accordance with the credit terms. Each shipment shall be considered a separate and independent transaction and payment therefore shall be made accordingly. All funds shall be made in the US Dollars.
V. PAYMENT METHODS:
CREDIT, DEBIT CARDS & PAYPAL:
We accept Visa, Mastercard, American Express, Discover, and PayPal. A 3% processing fee will be added to your invoice. You understand that merchant charged processing fees are not reversible once your card has been charged even when said charge has been canceled or credited. Payment(s) to your credit issuer will be made by you in accordance with agreements and policies of the issuer. You agree not to dispute any charges if you’ve received the products/services contracted and provided by us.
VI. ORDER CHANGES/CANCELLATIONS:
You should not assume a cancellation or change of ANY orders you have made with us until a confirmation from us has been sent via email. You will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received. If a cancelled order has been confirmed, a refund shall be issued. Refunded amounts will be returned to the original form of payment. Cancellation of orders following shipment must be made in accordance with the Refund & Return policy posted on our website.
VII. RESELLERS
NutraMission does not accept orders from dealers, wholesalers or customers who are resellers or intend to resell items, unless if approved & registered as such. You represent and warrant that you are buying products or services for your own personal or household use only, and not for resale or export. If NutraMission discovers that you are placing orders with the intent to resell items we will immediately cancel your order, suspend or terminate your account and, at our option, pursue any and all available legal remedies under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen credit cards, NutraMission will report you to federal, state and/or local enforcement authorities.
VIII. LINKS TO THIRD PARTY WEBSITES
The Website may provide links to other websites or resources, including advertisers, over which NutraMission has no control. These links are provided for the user’s convenience and should not be viewed to be an endorsement by NutraMIssion of that third-party site’s content, product or services. Your access, view and use of these links, is at your own risk. We make no representations or warranties with respect to the content, ownership or legality of any third party linked websites. You agree that NutraMission has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through third party websites or resources. When you leave the Website via a link to another website, you are subject to and should review that third party’s site’s privacy policy, terms of use and other policies.
IX. USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
We welcome your reviews, comments, submissions, and any other content you submit through the Site. By submitting any such content, you allow us to feature, such as your name, social media handle, accompanying text, and any images (collectively, “User Submissions”). If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that NUTRAMISSION may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
NUTRAMISSION may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
X. TAXES:
All prices are exclusive of all U.S. federal, state and local excise, sales, use, value added, and similar taxes. These taxes shall be paid by you as a Buyer, or you shall provide us with a tax exemption certificate acceptable to the taxing authorities.
XI. COPYRIGHT AND RESTRICTIONS:
The material included in the Website including site text, graphics, design and the selection and arrangement thereof are copyrighted by NUTRAMISSION. ALL RIGHTS RESERVED. NUTRAMISSION®, our logo, other trademarks, all page headers, custom icons and custom graphics are trademarks and service marks of NUTRAMISSION. You may not perform, reproduce, create derivative works from, post, transmit, republish, upload or distribute in any way whatsoever any Materials from The Website without NUTRAMISSION’s prior written permission. Printing or transferring Materials for use on any other Web site, or the distribution, republication or modification of Materials our prior written permission, is strictly prohibited. You may share links from www.nutramission.com to Social networks, but you are not allowed to change or modify the content of the links in any way.
XII. SHIPMENT & DELIVERY TERMS:
Although NUTRAMISSION may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products or services may not be available for immediate delivery. If we become aware that your order will be delayed or that any item or service is not available, we will contact you at the e-mail or phone number or street address you provided when placing your order and will inform you of the expected availability date and may offer you an alternative product or service. If NUTRAMISSION is unable to contact you, or if you contact us to cancel your order before your order is processed for shipping or if you do not wish to substitute the product or service, we will cancel the order and if previously charged, your credit card charge will be refunded. We shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. The risk of loss and title for such items will pass to you upon our delivery to any third-party carrier. NutraMission reserves the right to reject orders where the stated delivery address is outside the United States.
Any delivery date given to you is approximate only and we shall not be held liable for failure to deliver on any particular date or dates. All shipping charges and expenses shall be paid by you unless otherwise specified under the shipping policy posted on our website. Packages damaged partially or entirely in shipment cannot be returned and all claims for such damage should be directed immediately to the transportation company. For major information, please reference NUTRAMISSION‘s Shipping Policy.
If you fail to accept delivery of the product or fail to give us adequate delivery instructions at the time stated for delivery then we may store the Goods or return them to our vendor’s warehouse until actual delivery and charge you for the reasonable costs (including storage, trasnsporation, insurance etc.) of storage’.
All shipping discrepancies must be reported to us immediately upon arrival of the shipment. You agree that any employee or representative of the Buyer, or any person present at the delivery address, may sign for and receive the Goods sold to you herein.
XIII. FORCE MAJEURE:
NutraMission is not responsible for delay or failure to deliver or perform due to any cause beyond its reasonable control, or for Acts of God, acts of Buyer, acts of any governmental authority, strikes or other labor disturbances, delays in transportation, fuel or energy shortages, or inability to obtain necessary materials, components, services, or facilities from usual sources.
XIV. PERSONAL INFORMATION
Please refer to our Privacy Policy, which governs Buyer’s submission of personal information through the online store.
XV. COOKIES
“Cookies” are small-encrypted data files containing references to user ID information, which are supplied by you as a Buyer and stored on our secure servers. NutraMission uses cookies to enhance your shopping experience. Cookies are used to keep track of the shopping cart and to save your password so they do not have to re-enter it each time they visit The Website.
XVI. 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 website is inaccurate at any time without prior notice (including after you have submitted your order).
XVII. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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.
XVIII. DISCLAIMER OF WARRANTY; LIMITED WARRANTY
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 Nutramission, 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.
XIX. INDEMNIFICATION
You agree to indemnify, defend and hold harmless NUTRAMISSION and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including, but not limited to attorneys’ fees, resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms & Conditions.
XX. SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
XXI. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
XXII. ENTIRE AGREEMENT
The terms and conditions contained, referenced, and/or linked within these Terms and Conditions, including but not limited to, the Privacy Policy, Return Policy, and Shipping Policy, constitute the entire agreement between you and NutraMission regarding our Service, and supersede and replace any prior agreements, understandings, and/or representations with respect to the Service.
XXIII. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Delaware, United States.
XXIV. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your use of or access to the website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
XXV. CONTACT INFORMATION
Questions about the Terms of Service should be sent to the us at customercare@nutramission.com.
